Does anyone know of legal rights for a dog owner living in a condo apartment in Westchester, NY?

Question

I've had my dog for over 2 1/2 years and a few people are complaining since the Rules & Regulations says no dogs allowed. I've been forthright with notifying the management company when I received her and also faxed them information on my pet such as her breed, weight 8lbs, doesn't bark, etc., including the bill of sale. There are a few (3 people approx) that are stirring the pot saying that I shouldn't be allowed to keep her. I disagree for mainly 2 reasons: 1) I was honest about my pet 2 1/2 years ago, and 2) she is my family and I can't live without her. I don't know what my legal rights are - can someone help me?

Answer 1

Is this dog a service dog?  If so, they have to let you keep it.  If not, your best bet is to find a place that does allow for dogs.  I would have gone that route.

Answer 2

Generally, the rules and regulations banning dogs would mean you have to either get rid of the dog or move.  However, you did everything correct in knocking the association's feet out from under its ability to enforce those rules.

Of your two reasons to keep the dog. The first is correct (at least in Florida) and the second is irrelevant, legally speaking.  The association has known for two and a half years that you had the dog.  You may be able to keep it because of "collateral estoppel," "equitable estoppel," and/or "laches."  If there are other owners with dogs and there is no effort to make them remove the dogs, then you also have "unequal enforcement" as a defense.

If an enforcement action is taken against you, hire a local attorney who practices condominium/homeowners/community association law.  You want an attorney whose practice is at least 50% in those areas of the law and at least 5 years experience practicing law.  

Answer 3

You do not have any rights....The Condo association controls the issue, if they say the pet goes, then the pet goes, what part of the rules and regulations do you NOT understand?

The only exception would be if it were a service animal.