Q My condo association has a bylaw that limits the size and number of pets. About a year ago, a person moved in with a large puppy that has grown to be a very large dog. I reported it to the management and they did some investigating—then issued a request to the owner to bring in a veterinarian certification as to the weight of the dog. I went to a board meeting and asked what the status was regarding the dog. Their answer was that they can do nothing. I asked why and their answer was: "If we try to fine the person, the judge will throw it out and we don't want to waste the money." The management person agreed and all the board nodded its assent! Is it unreasonable for me to expect them to enforce the rules? Do I have any recourse?

—Upset about Overweight Pooch

A “The weight limit on pets in the governing documents is not only routine, but completely enforceable. This particular board seems to think that their only available remedy is to fine the owner. They are wrong,” says Eric M. Glazer, an attorney and founding partner at the law firm of Glazer & Associates, P.A. in Fort Lauderdale. “Cases of this nature are routinely heard by arbitrators employed by the Florida Department of Business & Professional Regulation. If the dog’s weight violates the provisions of the governing documents, and the association is able to overcome any defenses the unit owner may claim, the arbitrator will enter an order requiring that the dog be removed from the condominium property. In addition to that, the winner in the arbitration case is entitled to reimbursement of reasonable attorney’s fees and costs from the loser. If the arbitration order is ignored, the association would be allowed to have the order enforced by a judge in a civil court proceeding.

“I also have no idea why the board thinks that a judge would throw out a lawsuit that seeks to collect a fine. If the board has utilized the procedures as outlined in the Florida Condominium Act, established an independent fining committee, allowed the unit owner 14 days advanced notice of a hearing before that fining committee, and both the fining committee and the board agree to the fine…..that fine is collectable in a court of law if the owner will not pay it. Moreover, if the association is forced to sue to collect the fine, they are entitled to additional attorney’s fees and costs should they prevail in court. The board needs to ensure that they don’t fine the owner more than the limit imposed by the statute, which is up to $100.00 per day for a continuing violation, not to exceed the sum of $1,000.00.

“The unit owner in this instance is lucky she doesn’t live in an HOA—fines can never become a lien on a condominium unit. However, in an HOA a fine of $1,000.00 can become a lien on a home and the association has the ability to foreclose on the home in order to collect that fine.

“No…..it’s not unreasonable for an owner to expect their board to enforce the rules. Your ability to force the board to enforce their rules may depend on the wording contained in your governing documents. Some documents say the board “shall” enforce the rules or provisions of the governing documents and some say the board “may” enforce the rules or provisions of the governing documents. If “may” is used, the board has discretion to enforce the rules or not, as long as everyone is being treated equally.”