Jenny Goicochea
Junior Member
Queens NYC
I've lived in the same (36 unit) building for over 16 years and have always had at least one dog and 2 cats. There is a no pet clause but it has never been enforced as there are about 6 other dog owners and even more cat owners.
About 10 years ago i bought into the co-op and have since lived in a large 2 BR apartment. 7 years ago I got another dog;so for 7 years I've had 2 dogs that everyone in the building was aware of. I never had a problem.
my older dog died 2 months ago at the age of 19. I decided to get another dog and was told it was OK as long as I sign a dog agreement. I thought it would be a common sense agreement so I went ahead and got a puppy 2 weeks ago.
Now I was given the agreement and find the wording troublesome enough that I do not want to sign. I'm not sure if it's even legal.
Here is what I must agree to:
Buyer understands that she may acquire another dog or pet only with the consent of the board, which the board may grant or withhold in it's discretion.
1. If dog damages any part of building, buyer will reimburse Co op for all costs incurred by corporation to repair damage within 10 days after buyer is billed. The boards determination of whether any damage in fact has been caused by dog shall be final and conclusive on buyer, regardless of whether or not such determination is based on circumstantial evidence.
2.If dog defecated, urinated or vomits in any of the common areas of the building. Buyer will promptly clean affected area. The boards determination of whether any damage in fact has been caused by dog shall be final and conclusive on buyer, regardless of whether or not such determination is based on circumstantial evidence.
3. If dog's barking disturbs more than one neighbor, buyer will at the boards request promptly enroll herself and dog in a dog training program approved by the board at the buyers sole cost and expense ; and, If training does not resolve the barking disturbance, prompt remedial action to prevent further barking disturbance (including by surgical means).
Buyer agrees that if buyer fails to comply with her obligations under this agreement, buyers retention of dog shall be deemed to create a nuisance, entitling the corporation to exercise all of its rights and remedies under the lease, law,and equity, including without limiting the foregoing, the right to obtain injunctive relief, and to terminate the lease and cancel the shares for buyers default.
Do I have any ground here?
Thanks
Jenny
I've lived in the same (36 unit) building for over 16 years and have always had at least one dog and 2 cats. There is a no pet clause but it has never been enforced as there are about 6 other dog owners and even more cat owners.
About 10 years ago i bought into the co-op and have since lived in a large 2 BR apartment. 7 years ago I got another dog;so for 7 years I've had 2 dogs that everyone in the building was aware of. I never had a problem.
my older dog died 2 months ago at the age of 19. I decided to get another dog and was told it was OK as long as I sign a dog agreement. I thought it would be a common sense agreement so I went ahead and got a puppy 2 weeks ago.
Now I was given the agreement and find the wording troublesome enough that I do not want to sign. I'm not sure if it's even legal.
Here is what I must agree to:
Buyer understands that she may acquire another dog or pet only with the consent of the board, which the board may grant or withhold in it's discretion.
1. If dog damages any part of building, buyer will reimburse Co op for all costs incurred by corporation to repair damage within 10 days after buyer is billed. The boards determination of whether any damage in fact has been caused by dog shall be final and conclusive on buyer, regardless of whether or not such determination is based on circumstantial evidence.
2.If dog defecated, urinated or vomits in any of the common areas of the building. Buyer will promptly clean affected area. The boards determination of whether any damage in fact has been caused by dog shall be final and conclusive on buyer, regardless of whether or not such determination is based on circumstantial evidence.
3. If dog's barking disturbs more than one neighbor, buyer will at the boards request promptly enroll herself and dog in a dog training program approved by the board at the buyers sole cost and expense ; and, If training does not resolve the barking disturbance, prompt remedial action to prevent further barking disturbance (including by surgical means).
Buyer agrees that if buyer fails to comply with her obligations under this agreement, buyers retention of dog shall be deemed to create a nuisance, entitling the corporation to exercise all of its rights and remedies under the lease, law,and equity, including without limiting the foregoing, the right to obtain injunctive relief, and to terminate the lease and cancel the shares for buyers default.
Do I have any ground here?
Thanks
Jenny