fined by condo association

[honey1]

What is the name of your state (only U.S. law)?
pa my condo association issued a $100.00fFine for my cat being out. it has only escaped on certain occasions. i recieved warnings but not saying i would recieve $100.00 fine for this they said you may recieve a fine or other consequences. i have seen other cats out. my neighbor told me they had been warned verbally several times. it is in the condo by -laws that you are not allowed to let pets wander without a leash. i did not allow my cats to do this. do I have a case against them?

[Zigner]

Originally Posted by honey1

What is the name of your state (only U.S. law)?
pa my condo association issued a $100.00fFine for my cat being out. it has only escaped on certain occasions. i recieved warnings but not saying i would recieve $100.00 fine for this they said you may recieve a fine or other consequences. i have seen other cats out. my neighbor told me they had been warned verbally several times. it is in the condo by -laws that you are not allowed to let pets wander without a leash. i did not allow my cats to do this. do I have a case against them?

You HAVE allowed your cat to be outside...you said so yourself! Furthermore, you WERE warned. Pay what you owe and contain your cat! Yeesh!

[HomeGuru]

If the cat was a tiger or lion, the fine would have been bigger.

[joe in calif]

There should be a violation process that leads up to a fine. Usually you will get 2 or 3 violation letters, then be called infront of the board of directors for a hearing and then a fine applied if the violation is not taken care of. Check you CC&R's or rules and regulations for their process.

[options1]

When a cat sneaks out, it's not because you "let" him necessarily. Our cat is fast, and though 99% of the time we catch him, he has escaped our grasps a couple of times. Never intentional. We were warned about our cat sneaking out. And we became even more vigilant-and he didn't escape. So imagine our surprise when we received a notice that we were fined 200 for 2 escapes.

My question is, how do they substantiate the charge? We have a 1-800 line which residents are encouraged to use to report violations or make complaints--annonoymously. If I am fined for something, shouldn't I be able to read the written complaint? And how can I contradict an anoyomous voice message? Why would an organization create such a situation, and how can they enforce this. I say my cat did not get out. And, if complainants are revealed, what's to prevent me from "narc-ing" on them secretly? It all just seems so.....dark-like pitting neighbors against neighbors.

So I guess reply to the other cat owner being fined, is can you get a copy of the rules? Is it specific? And what is the proof? It doesn't seem fair one can be accused without proof. Is that legal? And if it was an actual neighbor who complained, doesn't the accused have any rights? What if that neighbor hates me? What if she is the only "witness"? shouldn't these associations have to fine tenants using evidence of some kind?

Saddened by the lack of community and understanding, but truly wondering if it's legal.

Thanks.

options1

[private_person3]

The OP allowed their cat to escape. It is that simple. They did not do enough to control it, obviously (or it would not have got out). Just because it was not an deliberate act, does not mean they are not responsible.

There is a process for fining and it should be in your governing docs. Mine says I get a warning letter for the first offense, and a fine for the second, and so on. Now, sometimes the PM is nice and gives multiple warnings for various things, others times she follows the steps exactly. The Association has the right of Discretion, much like a Police Officer does.

Also, we are given access to ADR. I would suspect you are too. I don't know if it is a Federal law yet, but most States recognize the right to ADR. Either way, you have a right to dispute a fine through the courts if you wish.