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HOA and pet grandfathered

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czm8kz

Junior Member
What is the name of your state (only U.S. law)? Florida

I have lived in a Townhouse communty with an HOA since 1996. I have an 80lb dog who is 11 years old and non agressive. I carry and use poop bags and a flashlight when I walk my dog.

There is a 40lb dog limit in the CC&Rs written in 1998. This rule was not enforced when I moved in nor when I got my dog. In 2002, the HOA president's large dog died and she started to enforce the 40lb rule. I rec'd a several letters in 2002, but eventually my dog was considered "grandfathered in".

We have a new HOA president (she's a paralegal in real life) and she's hired a law firm to send certified violation letters to homeowners with large dogs offering mediation before suit is filed against us. Mediation costs $250 to $395 an hour and my situation is esitmated to take 4 hours.

The old president is still on the board, but in a lower capacity. The management company has access to the 2002 letters. Unless senility has set in, several of the board members were present and aware of the 2002 decision.

Do I need to participate in mediation? If I do not respond to the certified letter and they file suit, do I need a lawyer to prove that this alleged violation was resolved years ago? Is re-opening old, resolved violations legal?

Any advice is appreciated.
 


czm8kz

Junior Member
The Grandfathering was decided when I complained at a board meeting. I did respond to the last letter (in 2002) with a certified letter with the "as discussed at last night's meeting....." and I have the card proving that my response was received. They did not mention the violation again until 2011.
 

justalayman

Senior Member
then the decision should be recorded in the minutes of the meeting.

I'm not seeing the benefit of this mediation. It seems like it maybe more costly than just going to court. I would get a copy of the minutes of the meeting where your dog was announced legal and send it to the pres. Along with that, I would write something such as ; Due to the decision of the board on date (such and such), I believe you have sent me a notice of violation in error. Please acknowledge your verification of the prior decision concerning my dog via return letter so I know this was simply a misunderstanding and all is settled.
 

czm8kz

Junior Member
Gee, you make it sound so simple. I'll contact the management company tomorrow and request the minutes. And to think I was all stressed out about this.....
Thank you.
 

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