Portage View Condominium complex are WRONG. They give you one set of rules when you buy then enforce a differents et of rules once you buy. I hope they win this case.

Whats the difference between 12 and 30 pound. More people are afraid of getting bit by a small yappy dog than an 80 pound golden retriever. The merits should be based on behavior not weight.

Maybe there should be a weight restriction on residents as well. But there is not. The condo association would go after a badly behaved resident before they go after a morbidly obese resident.

Don't we all wish could break rules at one time or another by claiming we weren't aware of them...

Ahh, the ignorance of youth.

This condo rule has been perpetuated by ignorance of the past and these people need to modernize there way of thinking.

I wonder if there are any black people owning property in this association. I am assuming that would have been shunned 40 years ago as well.

""Question Authority

Posted 07:14 AM, 02/02/2009 Don't we all wish could break rules at one time or another by claiming we weren't aware of them...

Ahh, the ignorance of youth.""


Your screen name and statement contradict each other.

The property owner is doing exactly as your screen name says "QUESTION AUTHORITY"

I once lived in Portage View and had a 50 lb dog with no problems. The funny thing is that my landlord at the time lived there before I rented it and had 2 Rotts! There is one particular retired couple living there who have nothing else to do but complain about things like this. I'm sure that they had something to do with this.

Yea, well it appears that there are one set of rules and regulations given to potential buyers and one set of rules that this place wants to enforce. Shame on them. This is going to be bad for all those who want to sell their properties here. No one will want to purchase a home here if this is allowed to continue. I support the homeowner on this one.

Hmmm, I think the condo association has an obligation to insure that new or potential condo owners receive the proper set of owner rules. Givin' the couple one set, then tryin' to inforce the hidden set, and claim that the buyers are responsible to insure that they have recieved all of the information is as petty as it comes.

I have to side with the dog owner based on this article.

I have seen cats that weigh 30 pounds so what is the difference.

Condo and homeowner associations are the worst -- they are always run by difficult, persnickety old fuddy duddies who have no friends and no lives. These people were the hall monitors in school, they were the kids who reminded the teacher to assign homework over holiday break, they were the ones who always say it's not the money, it's the principle, when in fact it is obviously the money.

How about using some logic: can this dog possibly be creating a problem for anyone?

Seems wasteful of the condo association to spend so much on litigating this minor matter. This will cost them thousands of dollars. They're only arguing about a few pounds of dog here. If the dog was vicious or otherwise disruptive, it might be worth it, but for a minor violation like this, they should just assess a fine against the owner and be done with it.

The other residents should be angry about this. They'll be paying the attorney fees in the end.

sam71```you are correct it takes one person
to start something like this```if they care
for their dog and dont bother anyone who cares!!
i hope the owners win this one

I Would file a counter suit against the condo committee. For presenting me with False misleading information. Letting me purchase under false pretenses.

I would also file for the entire amount I paid for the condo... Along with lawyer fee's etc..

I think its Their duty to present a complete copy of the Current bylaws they will be enforcing..

Boo to Portage View Condos. There are so many animals in this world w/o homes. Fight this lawsuit all the way. A condo is a home & you should be able to have any dog you want.

Hey Betamax,

The rules weren't hidden. They are easily available at the county courthouse. Why, it probably would have only taken half of a morning to find the recorded documents and then it would only be $2 a page for it to be copied.

Don't we all check at the courthouse to make sure the rules we're given agree with the actual recorded documents?

''The association wasn't saying these were the only rules out there,'' Cottle said.

Hey...Cottle? What do you call a hundred lawyers at the bottom of Lake Erie?

Sam71: If your statement is true, you should contact the defendant on this. It would show that large dogs have been permitted before.

leave pet/homeowners alone. you have nothing better to do than to pick at someone for having a dog that weighs 30lbs. would you kick out any of the others if they were an obese resident instead of a dog. (didnt think so). you ought to be ashamed. leave the dog owner alone. go take up basket weaving

This area is the worst for allowing pets. I would love to move but cant find anywhere that even allows pets, much less will take an extra deposit for them. If there is one, the animal must be a tiny one or a cat. Since I will never have the money to own a home I guess I'll have to wait until each pet dies off and never get another one if I ever want to move. So sad. Landlords could fill their vacancies much faster if they allowed pets. I would be willing to pay hundreds extra to keep my babies, who are, by the way, clean, not vicious, and well cared for.

these condo association rules are a unique kangaroo court. just cause an association controlled by three or four people can violate somebodys rights. as long as the 30 lbs dog is controlled whats the problem.

I know of another "condo" that doesn't allow any pets--the residents are sr. citzens--some time this is the only componion that they have if their spouse has died. Someone has nothing better to do but look for something or someone to break the rules.

''The association wasn't saying these were the only rules out there,'' Cottle said."
Hey Cottle they weren't saying there were more rules out there either, very deceptive on the association part.

This is WRONG, they should be forced to buy back his condo. I hope Eric wins his case!

This young couple is in for an up hill battle. The lawyer that the condominium complex has retained is skilled at making sure that homeowner assoc. can play the old bate and switch when it comes to making sure that the assoc., a group of people very rarely duly elected, get there way no matter what. Homeowner Assoc. are the only body in this country that do not have to be duly elected and have the power to suspend all other laws of the nation to do as they see fit. It is time that all Home Owner Assoc. are outlawed.

As a personal friend of Eric, Allysa, and C.C. I must also note that C.C. is extremely well behaved and friendly. She doesn't bark excessively, she doesn't bite or attack, she does nothing that would be considered bad behavior. Not that that will matter in the court of law, but it adds an element to the story.

Good luck Eric! We're behind you 100%

It's the same everywhere. People purchase in deed restricted communities, verify at closing by their signature that they will abide by the covenants and restrictions, then later claim that "they didn't know." Sign of the times in our society. It's always the fault of somebody else. There is a gray area in this case, though. Any documents presented to a buyer should be complete an up to date. If there was no animal weight restriction in the copy he received, then I think the owner has a good chance of prevailing.

arpy I have been very close to a number of these cases recently and let me tell you it is usually the case of the homeowners assoc. changing their minds after the fact not the owner being ignorant. One case I can think of the homeowner’s assoc. dusted off an original copy of the bi-laws and enforced a rule that had not been copied into the new bylaws but stricken from them. They did this just to target one person within the development. How is it someone can be an informed consumer if they are not given all the information?

one thing to say about condo's snob's project's

I am with the condo owner 100%...the home owners assoc should have placed an disclaimer on the document alerting the potential purchaser that the document was incomplete and for the purchaser to view the complete document....question why even print out an incomplete document anyway?? What is this bait and switch?? Are they suppose to get rid of a family member? Or better yet put the dog on a diet??? I hope the condo owner wins!!

According to Attorney Cottle: "There is no duty [for the association] to provide one," meaning a copy of the complete rules.

Ummmmmmm, me thinks you might be just a bit wrongggggggggg. There had to be a purchase agreement (contract), which is required to specify all terms, conditions, and details for the sale of the property. Providing only a brief of the bylaws would constitute fraud in my book. The purchaser has no way of knowing what he receives is incomplete unless the seller notifies him of such. If the association wants to hold fast to its rule about dogs, then the only fair thing to do is for them to buy the condo back at fair market value.

Being an animal lover I cannot imagine the turmoil this young couple is going through. Condo sharks,er..lawyers, how do you sleep at night? Association big shots, how do you sleep at night? Shame on you all. If this ends badly for the couple, the negative press the lawyers and condo association will receive will be the only revenge we can hope for. Lost in Thought, excellent point you make.. Eric and Allysa, are you reading these comments? Good luck and don't ever give up C.C.

"Your screen name and statement contradict each other. The property owner is doing exactly as your screen name says "QUESTION AUTHORITY""

umm,

QUESTIONING authority and putting yourself under the yoke of authority by breaking laws are two VERY different things.

Disagree with something and want it changed? Do it in a way you aren't put at a disadvantage from the start.

Too bad you don't understand such a simple concept.

That's a shame. Unfortunately this could have been avoided if someone would have simply asked.

12 lbs? That's a ridiculous limit. I have a cat that weighs 4 lbs. more than that. And why should there be a weight limit period?

And as typical, the condo association has no regard to what's going to happen to the dog. What a stupid rule.

Eric, Fight them with all you have. There are more dog owners than Condo Association Members. If you would have to give C.C. up for a short time while you look for another place for "all" your family members, I would be most happy to be a foster parent to C.C until you get settled in somewhere!!!!!!

According to Attorney Cottle: "There is no duty [for the association] to provide one," meaning a copy of the complete rules.

Apparently, his clients follow the rule of caveat emptor. They must also believe in giving only the rules that will produce a signed contract while enforcing the rules that would have produced a no sale. It's pretty clear the pet owners would not have purchased had they been given the full set of rules. And this is legal because the courthouse has the full set of rules? Yeah, that's fair.

And the bait and switch very well may have occured. Home/Condo buyers are extremely hard to come by now. Realtors will do just about anything to make a sale.

Also. Be careful what you ask for. If the condo association kicks him out, the next folks may not be so nice.

The condo association should revise their rules.

95% of all dog breeds fall into the 'over 12 pounds' category, therefore, what is the point of even adding that you could own a dog there if the limit is so extreme that it would limit you to 3 or 4 specific breeds in order to meet the criteria?

Therefore, they should either revise them to allow dogs up to a weight that would at least allow an owner to get something other than a chihuahua...

OR, just remove the right to own a dog there altogether, because I bet there's more than one other person, like this couple, who got one of those condos on the assumption they would be able to bring a dog in.

The Realtor should also be proactive to point that rule out to clients as well.

This guys OWNS his condo and some nazi faced board is telling him what he can and can't do?

This IS Amercia, is it not? Where people are free to rescue homeless dogs? And house them in the home they PAID FOR?

Umm is correct--Question Authority's name should be changed to Obey Authority, especially shown by his second posting on this subject.

Of course, the Real Solution to the dictatorship of Homeowners Associations is to not buy any property that has them. If enough of such properties don't get sold, the whole concept will go into the dumspter where it belongs.

As for this case, GO Eric!!

The real lesson to be learned here is to never buy real estate in any development that has a homeowners or condominium association. You should be able to enjoy you property as you wish providing that you are respectful to your neighbors and are maintaining your property.

Uh Lost in Thought--you are wroonngggg..

You said: "Providing only a brief of the bylaws would constitute fraud in my book. The purchaser has no way of knowing what he receives is incomplete unless the seller notifies him of such."

FYI: the complete bylaws of every condo association in Summit County is available on-line through the County Recorder's web site. All you have to do is download the bylaws and read them. The seller doesn't have to do a thing.

That said, GO C.C.!! I with you.

Mr. Cottle according to your quote:
''I have not, in my experience, seen the 'I didn't know' defense work,'' Cottle said. ''In these kinds of situations, make sure you know what you are buying.''

Maybe you should look at all the folks who are pleading this defense in order to get their mortgages "reworked". Seems to be working will for them.

Banning this dog just shows that somebody has too much time on their hands. He has lived there for 2 years, and they only asked him to leave a year ago. Maybe he told somebody to mind their own business, and so they made a fuss. Whatever the reason, if he was told he could have the dog, then he should be able to live their with his child.

I don't see how furnishing a buyer of the property an incomplete list of the home owner's association rules without disclosing "these are not the full rules, you can get them by doing ..." is legal.

I've always hated these associations, how they limit the rights of the poeople who own these homes. Or how they can change the rules once you live there. But hearing about this bait and switch tactic makes me dislike them even more.

I hope this guy wins his case.

PS Like another poster mentioned, there is a big difference between "you can have a dog" and "you can have a dog as long as they are under 12 pounds".

FYI: the complete bylaws of every condo association in Summit County is available on-line through the County Recorder's web site. All you have to do is download the bylaws and read them. The seller doesn't have to do a thing.

If a person has never lived in a condo before, then the average person would not know that that the complete bi-laws for the assoc is available on line. If someone gave you a copy of the bi-laws you would believe the information if accurate and complete.

Thanks to everyone for being on our side. It's a horrible situation and we hope it ends in our favor. C.C. is a wonderful animal. She has never meant any harm none the less give anything other than love and happiness to our family and everyone she encounters.

Thanks again, everyone, for your positive comments!

A condo association has every right to maintain certain regulations that are meant to be in the best interest of all the residents. They also have an ethical - if not legal - responsiblity to disclose the rules prior to selling.
As for those that say there is no difference between a small and large dog - you are way off base. Of course there is... .

Shame.....shame.....shame on Portage View for not giving a potential buyer the complete and accurate set of rules when they were selling the place. Shame....Shame.....Shame.....on them for false advertising.

I live an an allotment with deed restrictions - not a condo or cluster-type homes, just 2-6 acre plots with homes on them. The deed restrictions help me maintain my property values by restricting some yahoo from doing things that affect my property, like building an eyesore of a pole building, parking things outside like RVs or motor homes for extended periods of time, or above-ground pools. I think that deed restrictions can be very helpful and I don't think the association is necessarily doing something other than enforcing those rules... except they didn't give Eric a complete set of rules so he could decide whether or not he'd like to play by their rules IF he purchased a condo there. That is what is at issue here - not the rules themselves.

All the dog hating blowhards at the condo board, quickly....


Name me 5 breeds that are under 12 pounds fully grown......?

The residents of the Portage View condo development need to send a message to their allegedly elected condo board members that they don't want to see their association dues spent this way. If they need to remove certain officers or change the rules, so be it. The reputation of their development and, accordingly, their property values, could take a hit for this sort of nonsense. Time for someone to put some adults in charge.

@CLH: There is a big difference in deed restrictions and a home/condo owners association.

"The real lesson to be learned here is to never buy real estate in any development that has a homeowners or condominium association. You should be able to enjoy you property as you wish providing that you are respectful to your neighbors and are maintaining your property."

On the face of it, I agree 100%. But I don't know of any condo complexes that don't have an association and a set of rules they enforce because, by definition, there is 'common' area owned and maintained by the association. In that respect, I'm behind the dog owners 100% because they were not given a complete set of by-laws. I think they may actually have a case to counter sue for fraud. If they are forced to sell now, their market value has taken a beating and they would lose very REAL dollars. I do believe omission of pertinent facts in entering into a legal agreement is, by definition, fraud.

House buyers have other choices, and I agree, Big L, NO one should ever consider buying a home that is part of a HOA.

Give it a few years. Most sane folks will come to realize that the bad PR these little fiefdoms draw upon themselves actually HURTS resale values, not help. The associations will start evaporating once it becomes apparent that most sane people don't want to put up with the hassles that are inherent with these unnecessary HOAs.

Well I for one am glad to read about this now, I am currently in negotiations to buy a condo for my son in Portage View and after reading this I have to say I will not be buying on the grounds of my son's dog "sparky". The copy of bylaws given to me states nothing about weight restrictions on dogs, and I also intend to ask my Realtor about this and if she lies we won't be doing business with them either.
What ever happened to honesty? If they would have clearly show that they don't want dogs then this wouldn't have happened. I hope they win!

Really?!?! This is what my monthly association fee is going to? Trying to get rid of a dog? CC can't be too much trouble if I've never seen her or heard her bark for the last 2 years. I'd rather they take the money and fix our roof or salt our sidewalks or get rid of the huge snow mounds in the driveways.
I'm on your side Eric. (CC looks adorable!)

Wow, Dadof2...that could be some very interesting information in support of our defense, I am anxious to hear what the realtor says. Keep us posted!

So this guy asked for a copy of the bylaws before purchasing his condo and the association knowingly gave him an incomplete copy? FRAUD plain and simple, if they were to give potential buyers a complete copy of the bylaws the property values would drop, and they know that. Counter sue for what you paid for your condo, maintenance and legal fees.

Ummmm, *** ... how does the fact that complete bylaws are available online and the fact that the purchaser had no idea he wasn't given the complete document make me wrong that the seller had an obligation to provide the purchaser with complete and accurate information? I'd argue that failure to provide the complete bylaws violates full disclosure. After all, they wouldn't be allowed to hide a defective foundation, asbestos problem, etc. Why should they be allowed to hide rules by which the owner is supposed to live? I doubt seriously that very many people had any idea that bylaws such as these were available online before this article appeared.

We actually looked at one of the condos on Snowfall Spur and didn't buy because of the pet restriction. There does seem to be some confusion with the HOA there. We were given 3 different stories on the pet restriction. 10, 12 and 15 pounds from 3 different people.

I definitely feel for Eric as I would never want to part with my dog. It is always the buyer's responsibility to be sure they know what they are getting in to and the realtor should have guided this young couple to the proper info!

@ Lou Szer
1. Teacup Poodle
2. Chihuaha
3. Maltese
4. Yorkie
5. Cavalier King Charles
6. Miniature Pinschers
7. Shih Tzu

There are many "toy" breeds under 12 pounds. That being said I hope Eric and C.C. don't have to move.

The condo park should change it's name then to:

'Teacup Poodle Park'- "Where even you can own a yapping 10.5 pound furball."

Let the dog stay!

I neglected to mention a critical piece of information - we have a homeowner's association for said allotment to enforce such deed restrictions. I think that technically Lebowski is right, they are different... they are much the same in that they try to prevent basically the same thing. A condo association often deals with rules and violations that affect your neighbors since you're in such proximity to them - noise, pets, use of common areas, etc. I think mine is just to keep some bonehead from putting in a 4,000 sq. ft. pole building in his back yard, keep him from painting his house orange with purple stripes, and to keep him from parking 10 RVs on the property.

Lost in Thought

The way I read this is that they went to the Association for the bylaws. If the seller was the one who provided then that would be a disclosure issue. If the condo board is providing false information to potential buyers it would be considered fraud. Just imagine getting hit with 200 pages of bylaws when you are about to make an offer. That offer would shrink or go away completely.

I love reading these comments. I feel the only sane people are the ones that post these comments online. For heaven's sake if they BOUGHT a condo why shouldn't they be allowed to have any size pet? As the one person stated, she didn't even know CC was there!

I hope someone from the condo association is reading these comments! Good luck CC!

The condo association should buy the condo back if the couple with the dog wants to leave and with court costs too. My friends' parents in Canton didn't ask the condo association if the color of the flowers they were planting were OK and the next morning found them pulled out and thrown in their driveway. They had to ask permission as the colors didn't match their neighbors' flowers that were approved. I would never live in a condo, they are like Hitler. Good luck to the dog owner, hope you win.

I am a personal friend of Alyssa, Eric and CC and i think its just sad that the place they call home cant b there home because of a 30pd dog. no i should say kid! that dog means the world to them and to have to leave your home or leave your dog? thats just not a choice anyone wants to make? I think the condo association should put themselves in there shoes!see how they would like it!

condos suck.

Why does the phrase "Fraud in the inducement" keep running around my brain?

In order for this to have proceeded to this point, (court, etc) there must be a waiver or disclaimer in the purchase agreement which states the purchaser agrees to all conditions of residency whether disclosed or not. It is then the responsibility of the purchaser to find any missing documents. If they had a realtor, the realtor may be responsible in some way.

That said, I hope they are able to keep their dog. Seems unlikely but I hope so.

So, I read all the comments and never did find out from Rupert54 what the finish line for the joke is???

It's simple, move or rover has to go...

I hope the Home Owner Association is not paying this lawyer much money. His quote and attitude on this shows a lack of ethics and no sense of public relations. How can he justify not providing the buyer with a complete set of by-laws. Even if this is allowed by the the fine print it is not fair business. I suppose he represents used car salesmaen also.

Hopefully the courts use some common sense on this.I hope the judge owns a dog.

Hey folks - If you can't abide by the rules, which are there for everyone's protection, then don't live in 'an association'.

Next someone will want to park his boat and trailer in the back yard and he'll scream "my boat isn't that big".

In this case however, someone may have been mislead and the courts will resolve it, not the general opinion of comments like these.

I once owned a condo in this place years ago.Condo assoc. was a joke,ran by some iron fisted bitty with nothing to do but make are lives hell.I hope they can get some of their neighbors to back them on this and get the assoc.to stop wasting assoc. monies on a stupid,out of date rule. Condos are hard enough to sell as it is and this will make their place very undesirable to any buyer looking ,especially with that mega complex across the street with the cheap rentals in it .And besides ,how is one 30 lb. dog worse than someone who has 3 or 4 12 lb. cats ?

Hey unhappy Akronites...when you've had enough of your silly corrupt city, remember that your life begins each day after you get off the toilet. Leave and never come back...I am evidence that life is better outside of Doomsville.

Look on the list of "up-and-coming" towns across the country. They are cities and towns on the upswing. Pick one out and GOOOOOOOOOOOOOOOOOOO.

Just say goood bye to the dog....sheeesh. What a big news story!!

I know this dog. This is a non-barking dog. What the eh. And either they are immaculate house keepers or this dog doesn't shed either.

But a cat that sprays every inch of a house is ok.

Two different copies of by-laws? huh?

I've never trusted a person who didn't like dogs!

what if the dog weighs under 12 pounds when you move in...the eats a lot and gains a bunch of weight???

There is no hell quite like having a labrador next door to your house so I can only imagine how horrible it is to have one in a condo. How inconsiderate for this duo to think their lab can run amok INSIDE the condo shared spaces! Around 3 years ago State Farm aired a news segment that mentioned that labradors are the #1 worst dog for BITING. If that condo association wants to be sued bigtime by more people just wait until this lab's victims find out this type of dog is a known biter. What I have learned by having two labs next door to me is how abysmally STUPID they are as well. OMG. And isn't that really said to be the whole theme of the new movie "Marley and Me." Just how totally stupid and poorly behaved they are. No dog over 10 lbs should be in a condo in my opinion. The condo association should do whatever it can to get these people and their stupid mutt out. A whippet just adds speed to the disaster since they are fast!

mrs a
what were you smoking 3 years ago
i searched and searched, and could find no list with labs in the top 10 as biters
they are also listed as very intelligent
perhaps you are biased because they are either black, brown, or yellow

Ah. Typical stupid attitude "Mr King". Animals should not be considered "disposable". I would never consider getting rid of my 3 cats. They are part of our family.

Go C.C. Let a jury decide. Don't let ONE judge determine your fate. Let the people decide.

Mrs Anonymous, please research your 'facts' before spewing them as gospel.

The #1 breed in the country for dog bites is the German Shepherd.

Whippets and Labs are two of the most docile breeds on the planet. CC appears to have a LOT of Whippet in him. My guess is this is a very sweet, submissive pet.

"So, I read all the comments and never did find out from Rupert54 what the finish line for the joke is???"

It's an oldie but goodie.

Q - what to you call a hundred lawyers at the bottom of the lake?

A - A good start.

Mrs. A,
I have a few questions for you:
If labs are so "stupid" then why are there so many of them used as guide dogs?
If labs do so much "biting" then why are they the #1 service dog choice?
If you are so knowledgeable why are you not aware of these 2 facts?

How come it doesn't say anything about the weight of cats? My cat weighs like 20-25 lbs. I know the other people who live there with cats aren't all under 12 lbs. So it should be no problem for dogs.

30 lbs is a small dog!

Sounds to me that the Homeowners Assoc wants to be snotty stuck up people(if that is what you want to call them). Most landlords and other places permits dogs that are 35 lbs or under. Next thing you know the Homeowners Assc will be banning kids. I'm on C.C.'s and his owners side on this. The Homeowners Assc has gone too far with sticking their nose in where the sun don't shine. Hey Homeowners Assc, get your heads out of your butts and pay more attention to other things that are more important. Don't you have anything better to do then to pick on a small dog. Get real, it's not like it's a Mastiff.

Homeowners Associations are mostly filled with pompous Republicans who have nothing better to do than to try and ruin the lives of other people.

So, these breeds would be OK?

1. Teacup Poodle
2. Chihuaha
3. Maltese
4. Yorkie
5. Cavalier King Charles
6. Miniature Pinschers
7. Shih Tzu

I don't know about 5 and 6, but I am pretty sure the others are "yappy" little dogs. So, which is worse, a < 12 lb dog that constantly barks or a 30 lb dog that rarely barks?

what a con for the condo owners

**Newsflash ** Mrs. Anonymous is President of the Homeowners Assoc....every "fact' you typed regarding Labs are completly false...Labs are so gentle that they are known to be able to carry eggs in their mouths w/o breaking them...they are NOT aggressive, highly intelligent, and all around great family dogs.....

Good luck C.C.

Labs are the best dogs in the world. We need pet owner legislation passed that landlords have to allow pets. The catch would be maybe a reasonable pet deposit and/or monthly fee, spay/neutered pet & vet reference. It'd be win-win for all.

You want to see some Nazi-inspired propaganda, pick up and read the bylaw list of any condo board in the country. Remember the guy who got in trouble from his board for hoisting the flag after 9-11? Ridiculous.

This poor guy owns a dog and his condo board fine-printed him. Not only do I hope the dog owner wins, but I hope he sues the condo board.

I know I would.

Saw the little dude and proud parents in question on TV last nite.

I'd sure like to have them as my neighbors.

What process does the condo board have in place to weigh all resident's pets to be sure they are all in compliance? And what do the bylaws say about a dog that gains a little weight over time and suddenly falls out of compliance? Do they re-weigh them every six months to be sure the pets remain in compliance? What if my dog weighs 13 lbs? Can I just amputate it's leg and keep it?

Next the will have a weight limit for owners and their kids too!

Is the association acting on "Good Faith or Bad Faith" when not fully disclosing the by-laws?
The condo association should be forced by the city to disclose their direct/indirect rules and by-laws to ALL that are seeking to live in this community. This should be city wide and state wide practice.

@ Nancy

I don't think a law mandating all landlords allow pets is a good idea. If people purchase real estate (for their own use or to rent out) they have all the rights to dictate how that property is to be used. Some pets can be destructive, I've seen dogs chew through drywall. The costs to fix the damage can surpass any pet/security deposit.

Bravo...falls1215!

Just as a purchaser of any private property in a single-family, traditional neighborhood receives a deed with...OH MY GAWD(!!!)...any deed restrictions listed.

Say, mr Cottle...what do you call a hundred lawyers at the bottom of Lake Erie???

A good start?

To Fix_It_Already: I think you and I are on the same page. I was responding to a comment directed to me by someone signed in as ***. I fully agree that the condo association was at least negligent in not providing the complete document - and that's being generous - I really feel they committed a willful act.

I doubt seriously the condo association will bend or change its rule. As I said in an earlier post - let the condo association buy back the condo at a reasonable market rate (and if that's more than they paid for it, so be it) and pay for moving expenses. Could end up being cheaper than paying lawyers and court costs.

Leo-Kitty, you must not have noticed that since labs have become more common as seeing eye dogs more of those in need of guide dogs have been run over. Since one too often sees labs instead of blood hounds and German shepherds, the search dogs don't do as well either. Used to be they found what they were looking for. It is said to all be whether they are trained well or not and labs are stupid as some of you will learn to your sorry.

The person who said I was head of the homeowners' or condo association apparently needs some additional reading comprehension classes as I clearly said I am in a HOUSE and it is bad to have labs anywhere in earshot. I have never considered a condo of any kind and those of you with attitudes about your "rights" to have them in others' earshot do not change my mind.

For those of you who pretend you love labs so much and know so much about them, I wish LABS in YOUR earshot for the rest of your lives.

Mrs. Anonymous, FYI: Labs are widely known to be extraordinary family pets and they are extremely popular because they are friendly, loyal, even-tempered and excellent with children, among other virtues.

Please post a link to your alleged source that indicates that labs are biters or that lab sight dogs are more likely to get their masters run over. And please, let your source be something slightly more reliable than your old lady coffee klatch or your beauty shop gossip circle.

Association boards are concentrating on the wrong things. This is why our organization* takes a stand for no size or breed restrictions. Any dog with a good temperament, with basic good citizenship certification, and with a responsible owner should be allowed to stay. OP all these factors, the willingness of the owner/guardian to be responsible is the most important factor.

*Citizens FOR Pets in Condos www.petsincondos.org is a 501-c3 tax exempt private operating foundation dedicated to increasing acceptance of companion animals in condos and other types of association-run housing. We educate the public about the health benefits of having animal companions and also advocate for responsible pet ownership/guardianship. Our motto: “creating a win-win situation for both people & pets.”

our dog CC-Please let us know this outcome.we have an 8 month old pup that looks just like CC-and a fenced in back yard-we will keep CC for you until you can take her back,if things get rough.I am disabled,and home mostly,our pup keeps me moving,as intended.find me at the funny place-'outflipme'-

I used to live with my family in a condo. What I can tell you is this.....There are constantly changes and amendments to the bylaws that never make it to the courthouse!!! Also, the "rules" change from board to board....depending on who is on the board at the time.

We have learned that we will NEVER again live by the rules of a few! Whoever called the boards Nazi's is not too far from wrong! I have been to board meetings where we were told that we were only allowed to listed - and had no rights to a voice. We were given 15 minutes AFTER THE MEETING WAS COMPLETED to have a voice, and did not have to respond to. They could have cared less what the rest of the owners wanted. The 5 on the board made all the rules as if they owned ALL the homes.

My best advice to this couple and their precious CC is to sue the condo association for what you paid for your home, plus the cost of moving, plus litigation fees, plus pain and suffering. Then take that money and move elsewhere.

However, be advised that if you lose, YOU will most likely be responsible for the costs the association incurred in their suit against you. Don't think for a moment that the association with make the other owners pay for this lawsuit...it is you who will have to pay.

I do think you have a great case of fraud against them.

Its about time these condo associations are stopped from their Nazi-like behavior! I agree with that these associations should concern themselves with taking care of more pressing concerns such as taking care of the properties - salting the streets, driveways and sidewalks would be a GREAT start!

Good luck, and don't be afraid of a fair fight!

I just want to say that I agree with Larry. Our neighborhood is full of those little 12 pound dogs and they never stop barking. In the summer that is all you hear. If one starts yapping then they all start. I have a 60 lb Lab mix and he is the sweetest natured dog. I don't know why CC's parents would want to live in such a condo but I hope they make out alright. I saw the their dog and it looks like a really nice one. Go CC.

I was wondering why 12pound yipping dogs were more desirable to the condo community than a quieter larger dog. It finally dawned on me that it was because the human equivalent of the those little yapping dogs that never shut up.

I clicked to soon the human equivalent of those yapping dogs is running the condo board. lol

I clicked to soon It was because the human equivalent of those yapping dogs is running the condo board