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Please Help, Unfair Pet Fine

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Hugo N

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

My condo has a new propety management and I signed their new rule on June 15 (first violation is $75 and forth violation is $300). On Sep 5 I recieved a letter says I violated a rule and issued me $300 fine, I wrote them back with email and ask for adjustment for $75 dollars since it was my first violation. I didn't hear anythings from the board and the property management company since I wrote the email to them. Today I recieved a letter shows my pet fine for $1,200 dollars as listed below.

6/12/14 - Pet fine - $100 - 1st violation (3 days before I signed the agreement)
9/12/2014 - Pet fine - $100 - 2nd violation issued day (7 days after I wrote an email to them and asked for adjustment )
9/12/2014 - Pet fine - $100 - 3rd violation issued day
9/12/2014 - Pet fine - $300 - 4th violation issued day
9/12/2014 - Pet fine - $300 - 5th violation issued day
9/19/2014 - Pet fine - $300 - 6th violation issued day
Total = $1200

I have only recieved ONE letter stated which day and time I was spot dog was unleash. My question is:

1. Can they issued fines without any proof of violation (because after I recieved my first letter, I was very careful on rules and didn't violate them, therefore I only admited one violation)
2. Can they issued fines even before I signed the agreement form?

Thank you very much


Rule I signed on June 15
First Violation $75.00 per violation, per occurrence, per day (i.e. if two dogs of one Owner each leave two piles of dog droppings on a common element in violation of the Rules, that Owner shall be fined $400.00 per day the droppings are not removed.)

Second Violation $100.00 per violation, per occurrence, per day

Third Violation $150.00 per violation, per occurrence, per day

Further Violations At the Board�s discretion, but not less than $300.00 per violation, per occurrence, per day.
 


FarmerJ

Senior Member
Why did you > I signed their new rule on June 15< You didnt say if you own this unit or are renting it. If you are renting your going to have a interesting battle attempt to make them show a court the proof they have. The letter they sent to you , was it certified or registered or did it have a mail tracking sticker ? If it did not then send to them a certified letter telling them you have not had any prior mail about this , if you didnt do it then deny it in the letter and and would like to have a copy of the previous letters and copy of the certified or mail tracking receipts for your records. You may want to just go to the links above and find a atty to review this mess for you. Stop emailing use on paper letters with a way to track them and keep a copy of the letter and receipt from post office for your records.
 

Hugo N

Junior Member
Thank you for your response. I own that condo. I signed the rule agreement with Scan PDF from then email back to them. I received two letters in my unit mailbox from the property management, one letter regrading the first violation with date and time that they spot my girlfriend had the dog unleash, and the second letter was just billing. When I ask for adjustment, I wrote them emails and they did't response to my email but just mail me bill directly.
 

Just Blue

Senior Member
Thank you for your response. I own that condo. I signed the rule agreement with Scan PDF from then email back to them. I received two letters in my unit mailbox from the property management, one letter regrading the first violation with date and time that they spot my girlfriend had the dog unleash, and the second letter was just billing. When I ask for adjustment, I wrote them emails and they did't response to my email but just mail me bill directly.
What kind of pets do you have and what is the wording for the condo agreement?

ETA: What is the type of dog?
 

Hugo N

Junior Member
I have two toy size dog, one yokie weight 7 lb and one Pom weight 2.5 lb. The original wording as listed below

Resident�s Manual � Partial List of Rules & Regulations

7. Pets

All pet owners are responsible for any and all damage caused by their pets. Pet owners are also encouraged to seek condominium training for their pets which stresses behavior conducive for living spaces in close proximity to other homeowners.

7.1 All dogs and cats must be properly immunized, neutered, and owners have the responsibility to have their pets licensed. Proof of neutering and licensing shall be provided to the Board. Tags shall be worn on the animal�s collar.

7.2 All pets must be on a leash or at heel of such owner or custodian when outside an individual unit and should not be left unattended while tethered to anything.

7.3 Each pet owner is responsible for immediately removing pet waste from the Common and Limited Common Areas of Oasis Condominiums which include the 1st floor lawns of the west building.

7.4 Only domesticated household pets (i.e. cats, dogs, small birds, hamsters, tropical or gold fish, etc.) shall be kept or maintained in any unit. Poisonous or otherwise dangerous pets are strictly prohibited. Without prior written Board approval, owners and tenants are limited to two (2) pets per unit. Dogs are allowed if, when fully grown, they do not weigh over 30 pounds.

7.5 Pets shall not be kept, maintained, or bred for commercial purposes in any unit.

7.6 The Board of Directors may at any time require the removal of any animal at the owner's expense, when in the Board of Director's determination the animal is disturbing other residents unreasonably. Not cleaning up dog excrement from the Common or Limited Common Areas is considered to be unreasonably disturbing other residents. The Board of Directors may exercise the authority to remove a specific animal, even though other animals are permitted to remain.

7.7 All pets are to be kept inside the unit when owner is not home.

7.8 No animals/pets belonging to guests shall be permitted on property, without prior written permission from the Board. Visiting guests with visiting pets (whether permitted or not) are subject to the same Rules and Regulations for Owner�s pets.

7.9 All animal enclosures or areas where the animal is kept within the Unit must be kept clean, neat and odor free condition at all times.

7.10 Aquariums larger than 6 gallons by permission of the Board only.


14. Fine Schedule

14.1. Violations may be identified by any Owner, Board Member or a third party. In the event of a perceived violation, the person observing the violation should contact the Board in writing, identify the perceived violation and person, and request that the violation cease or be corrected immediately. The person observing the violation should be prepared to set forth all relevant facts

14.2. The Board will then issue a written notice of violation letter Notice to the Owner demanding the violation(s) be corrected or cease no later than ten (10) days from the date of the Notice. If the Owner disputes said Notice, the Owner may be heard by the Board by requesting a special meeting of the Board in writing. A meeting will be held with the party requesting a meeting as soon as practicable with the Board or Hearing Board appointed by the Board. If the Owner does not request a special meeting in writing or otherwise object in writing, the violation must be corrected or fines will be immediately assessed. No hearing shall be available after the fines have been assessed by the Board. In enforcing these rules, the Board may delegate its function(s), including the determination of whether a violation has occurred, and the remedy therefore, to an agent, including but not limited to a single, or group of, director(s) or officers, or the property manager.

14.3. Fines are to be assessed for any violation of the Rules as determined in the sole and exclusive discretion of the Board (subject to notice and opportunity to be heard). Fines may also be imposed for any violation of the Governing Documents (including but not limited to the Rules and Declaration) in the Board�s sole and exclusive discretion. The following is current fine schedule:

$75.00 per violation, per occurrence, per day
First Violation (i.e. if two dogs of one Owner each leave two piles of dog droppings on
a common element in violation of the Rules, that Owner shall be fined

$400.00 per day the droppings are not removed.)
Second Violation $100.00 per violation, per occurrence, per day
Third Violation $150.00 per violation, per occurrence, per day
Further Violations At the Board�s discretion, but not less than $300.00 per
violation, per occurrence, per day.


14.4. A violation includes not obtaining written Board approval prior to taking action under the Declaration or these Rules, when prior Board approval is required. The above fines shall be imposed on a daily basis for failing to comply with a Board decision or failing to obtain Board prior written consent until the issue is corrected at the Owners� sole cost and expense to the Board�s sole and exclusive discretion.

14.5. If there is a speeding violation, or other rules violation which by its nature, occurs only at one time, and said violation is repeated, the First Violation is $75.00, the Second Violation is $100.00, the Third Violation is $150.00 and thereafter the fine shall be doubled for every subsequent violation.

14.6. All fines imposed will be assessed within a reasonable period and will be placed on the Owner�s Assessments as a special assessment within 30 days, or at the time of the next assessment (whichever is earlier).
14.7. Fines are due after notice and opportunity to be heard.

14.8. Within ten (10) days of service on or delivery to the Owner/respondent of the notice of violation letter and/or a disapproval of plans, the person receiving the same (�respondent�) may deliver a request for an appeal to the Board, as the respondent�s opportunity to be heard. In such case, imposition of the fine will be held in abeyance pending determination of the appeal by way of a hearing before the Board. Service or delivery of the letter shall occur by leaving same with the respondent personally, by leaving same with a person of suitable age and discretion at the respondent�s residence, or shall be deemed to occur three (3) days after deposit of the letter in the first class mail addressed to respondent at his or her last address known to the Association, or the Unit address. The request for appeal will not be deemed to have been delivered until actual receipt by the Association�s Secretary or the Association�s managing agent. A failure of the respondent to respond to the letter within ten (10) days will constitute a waiver of the respondent�s right to notice and opportunity to be heard, and respondent will be deemed to have admitted to the facts contained in the letter, and the fines shall be imposed.

14.9. Failure of the respondent to appear at the scheduled hearing, where the respondent has failed to show good cause why the hearing should be re-scheduled, does not preclude the Board from proceeding with the hearing, receiving evidence from and hearing arguments and making a decision in the matter. Upon failure of the respondent to appear, the Board may, in its discretion, impose the fine or fines. A failure of the respondent to appear constitutes a waiver of the respondent�s right to notice and opportunity to be heard, and respondent will be deemed to have admitted to the facts contained in the letter.
 

FarmerJ

Senior Member
I have no idea why you agreed to sign but you should have refused since those pet rules and so called speeding rules are nuts especially since pet concerns normally can be addressed by calling city animal control and speeding on the grounds ( unless they have camera equipment and constant monitoring by some kind of device how would they enforce that ? ) I suggest you just sell and buy a tiny tiny home where you dont have to worry about this kind of drivel and if you decide to stay on I suggest you not only run for the board but campaign lol and never ever sign such rules again saying you agree.
 

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