Property manager issues

[bigbiz187]

Hello,
I'll give you the short version, property management company decided to replace our fences, they didn't let us know when the work was going to be done. I came home from work one night a few weeks ago and my fence had been replaced, without my knowledge or consent, and my dog is missing. The person our property management hired is unlicensed, and is claiming "he never saw a dog". I've already threatened legal action but I honestly don't know how to proceed with this. What should I do?

-Brian
Downey, CA

 

[quincy]

Hello,
I'll give you the short version, property management company decided to replace our fences, they didn't let us know when the work was going to be done. I came home from work one night a few weeks ago and my fence had been replaced, without my knowledge or consent, and my dog is missing. The person our property management hired is unlicensed, and is claiming "he never saw a dog". I've already threatened legal action but I honestly don't know how to proceed with this. What should I do?

-Brian
Downey, CA

You have had no luck in finding your dog in the few weeks since the fence was replaced? Is it possible your dog was stolen from the property? Have you posted flyers in the area and contacted the Humane Society?

Property management companies do not need your "consent" to replace, repair or work on exterior features of the property. Notification is a courtesy (similar to notifying you that parking lots will be paved). You could have called the management company to narrow down the time within which your fence would be replaced, though.

That said, knowing that there would be outdoor work done on the property, it would have been your responsibility (and would have been smart on your part) to keep your dog inside your unit until the fences were replaced.

I am sorry about the loss of your dog.

 

[bigbiz187]

You have had no luck in finding your dog in the few weeks since the fence was replaced? Is it possible your dog was stolen from the property? Have you posted flyers in the area and contacted the Humane Society?

Property management companies do not need your "consent" to replace, repair or work on exterior features of the property. Notification is a courtesy (similar to notifying you that parking lots will be paved). You could have called the management company to narrow down the time within which your fence would be replaced, though.

That said, knowing that there would be outdoor work done on the property, it would have been your responsibility (and would have been smart on your part) to keep your dog inside your unit until the fences were replaced.

I am sorry about the loss of your dog.

Because I gave the "short version", I feel as if I left out some details that may be confusing you. First, this is not an apartment complex where I rent a unit, these are condos, my wife and I are owners, we pay an association fee, this was a fence that was surrounding my patio connected to my home, I would never sign or agree to anything saying a company can do work to my home without my consent. Second, as I stated above, I was not aware that work was going to be done, they made the decision to do it and didn't tell us, otherwise the dog would have been at my mother in laws. To answer your question, yes, flyers were posted, the shelters were contacted, she was implanted with an RFID chip so if she's picked up by animal control they will notify us. I spoke with a lawyer today during my lunch break, he said the property management company is liable for the loss of my dog, and I have every right to demand compensation from them. I just don't know where to begin putting a monetary value on a pet, she was part of the family, not considered "property" that we owned.

 

[quincy]

Because I gave the "short version", I feel as if I left out some details that may be confusing you. First, this is not an apartment complex where I rent a unit, these are condos, my wife and I are owners, we pay an association fee, this was a fence that was surrounding my patio connected to my home, I would never sign or agree to anything saying a company can do work to my home without my consent. Second, as I stated above, I was not aware that work was going to be done, they made the decision to do it and didn't tell us, otherwise the dog would have been at my mother in laws. To answer your question, yes, flyers were posted, the shelters were contacted, she was implanted with an RFID chip so if she's picked up by animal control they will notify us. I spoke with a lawyer today during my lunch break, he said the property management company is liable for the loss of my dog, and I have every right to demand compensation from them. I just don't know where to begin putting a monetary value on a pet, she was part of the family, not considered "property" that we owned.

As a condominium owner, you hold title to the condo unit but you should check your purchase agreement and association documents to see exactly what you own. Generally the exterior grounds, including any fencing on the property, will be owned and maintained by the association. If this is the case, the maintenance on the exterior of your condo is the responsibility of the association and they do not need your consent to maintain the grounds.

You can read the following information, "Buying a Condo: What Property Will You Actually Own," from Nolo.com:
http://www.nolo.com/legal-encyclopedia/buying-condo-wha-property-will-you-actually-own.html

I am not sure exactly how the lawyer you spoke with determined that the property management company is liable for the loss of your dog, unless you provided him with more facts than you have provided here. Although inferences can certainly be made, I think you could have difficulty proving your dog was in the fenced area, especially since the individual hired by the property management company claimed he saw no dog. Although it might not be likely, your dog could have been stolen or escaped the fenced area prior to any fence replacement work.

I am also not sure how you can put a monetary value on your pet. Pets are considered property in California. There was an encouraging Opinion out of the California Second District Court of Appeals in 2012, however, which shows California is willing to view pets as something more than just property.

In the case of an injured dog, Justice Kathryn Doi Todd stated: "Given ... the reality that animals are living creatures, the usual standard of recovery for damaged personal property - market value - is inadequate when applied to injured pets ... Animals are special, sentient beings, [and] unlike other forms of property, animals feel pain, suffer and die."

You can follow the advice of the lawyer you contacted and demand compensation from the property management company, if you think this is the proper route to take - but I don't know what sort of success you will have. I hope your dog is found and returned to you before you find the need to take any legal action.

Good luck.