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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

Some members of our board want to make a resolution limiting the number of dogs each unit owner can have two dogs. However, the majority of board members say this can't be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?

Answer:

I would need to review your specific by-law provision. Typically, the by-laws do not contain provisions regulating the harboring of pets, but this is left to the purview of the board to adopt such rules and regulations. Boards may prohibit or limit the number, size or breed of pets to be harbored within a unit. However, I typically advise boards to "grandfather" existing pets. However, if your by-laws provide (or even infer) that unit owners may harbor pets within their units, then this provision cannot be amended by way of a rule adopted by the board, but will require a by-law amendment adopted by the unit owners.

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