Issues with Pets!! Please help...

We moved into a "supposedly" pet friendly condo complex Oct. 1st. We ended up in a situation where a co-worker needed to give up her puppy and we wanted to adopt it. We contacted our landlord who gave us permission (sent us an email) saying it was okay. Previously although pets are allowed in the community it was up to the individual owner (landlord) whether they have them. On our lease it said no pets because we did not have any when we moved in. After receiving permission from the landlord we adopted the puppy. We read over the pet policy to make sure we were in compliance and we notified the Condo association as it said to do. We received no response for 5 days. We called to verify all was well and we were told they were having a meeting to discuss it. After the fact they told us we could not have a pet because we were renters and not owners. This was previously not the policy. They made this policy after we got the dog. Now they are trying to fine us extensively $25 a day until we get rid of the dog. We are not getting rid of our puppy. So I am not sure what our options are? I know the obvious ones get rid of the dog or move. Are there any other options that might be available to us. Our landlord feels bad and is ok with us keeping the dog but we can not afford the extensive fines. We have never had to deal with a condo/housing association before. Do one's laws supersede the other. They seem to arbitrarily make rules and also enforce them arbitrarily. I know for a fact there is apolicy of only 1 pet per household and I know one of the members of the board has 2 dogs. Do we have any recourse here? Do we have a case? Our lease is not up until Sept. Can we break our lease if the housing association refuses to let us keep the puppy till then?? Woudl you suggest appealing the decision or getting a petition from fellow community members? Thanks so much!

Also isn't there a specified amount of time we have to remedy the violation before we get fined. We just found out yesterday about this and they said they are going to start the fines in 3 days on March 6th. I thought there was a 30 day period or something. I assume this varies based on the state and we are in Massachusetts. How can I find this out? At least if we get till April 1st we have time to find a new place and move without all of the fines accruing.
Thanks in advance.

[OHlandlord]

COA or HOA rules are not based on state law, and the bad part is that they don't have to be. When someone buys a house or condo in an area with a HOA or COA, they agree to abide by the rules set forth by these ruling bodies (current and future ones!). The rules don't have to make sense, believe me. In some areas, they are so strict in their rules that one cannot put up a clothesline, feed the birds, grow decorative grasses in the yard, or have drapes of any color except white showing in the window. Some people think these boards go wa-a-a-ay over the line and I have to agree with them. I would not own any property in an area with a COA or HOA.

The bad news for you is that I have no other solution. You cannot petition the board because you aren't the owner. You can't even attend the meetings. You have no say whatsoever in their rules or how they apply them. The fact is that they have stated that you may not have a dog. Fines will begin to accrue very soon and they will enforce them, even to the point of filing a small claims court case against you to collect them. If they cannot collect them from you, they will soon start fining your LL to pressure him to get you to obey their rules. You will have to get rid of the dog. Do you have a relative who could take him in for a few months?

This new rule by the COA will not invalidate your lease or release you from it. I'm sure there is a clause in the lease somewhere that says you agreed to abide by the COA rules. If the LL will not let you out voluntarily, you could try to negotiate a lease break fee with him to get out of the lease. Usually this is a fee of about 2 months of rent. Or you might be able to suggest someone to him to take over the remainder of your lease (sublet) or to sign a new lease with him (the most preferable option). If he accepts one of these solutions, get a signed release to let you out of the lease from the LL before you leave. If he does not agree, you will have to stay until the lease ends. If you move out anyways, you would owe for rent, utilities, advertising fees, rental agent fees, and any other costs the LL suffers because you broke your lease. Sorry, but there is no good solution to this. (Darn COA rules!)

Does anyone know anything about the Emotional Support Animal for people with mental healh problems? (I suffer PTSD afer I was mugged and Panic Disorder). I had previously been suggested this by my psychiatrist a few years ago. I never followed through at the time because my complex allowed me to keep the cats I had withou having to go through all that paperwork. I was wonder if this might be an option to go this route. Would that overide the pet policy? They do allow pets in our complex including dogs but they are giving me problems because I am a renter. If I can get documentation of this I am thinking it might help. I have a new doctor now so I am not sur ehow to go about doing this. Do I request it?

Also I spoke to my sister who just passed the BAR and she said since we got the dog before they made the rule that the dog would actually be grandfathered in and would not apply to me? IS this true?
Any help is appreciated!!

[OHlandlord]

I have had no tenants with these comfort animals so I can't tell you what paperwork is involved in this. I am not familiar with PTSD, or what this stress disorder or Panic Attacks, entitles you to have, or what the legal duration of this disorder is (how long after the incident). I suggest you speak to someone at the Fair Housing Board or look up the Americans with Disabilities site and see what they recommend. They would know the particulars of that documentation.

As for grandfathering, the HOA/COA makes their own rules and decides how they will be followed. Please look over your lease and see if there is an clause in there about abiding by the rules of the COA. If there is, and if they wrote their rule to be retroactive, you might not be allowed to be grandfathered. Has your LL asked the COA for more specifics on their new rule? See if he won't get them for you. You should know how this rule is worded to see how it applies to you.

As I said before COA and HOAs can be very restrictive. Their rules often don't match those of any local laws or ordinances. The way they can do this is because all owners in that condo development sign a paper agreeing to abide by whatever rules the COA makes when they buy there. Each owner is a member of the association who has agreed to follow the rules enacted by the board. COAs & HOAs have been challenged in court many times because of their restrictive ordinances. Often the ruling is that the member signed a agreement to abide by the rule and the COA wins. But every once in a while, the homeowner wins. (Just not very often I'm afraid.) As I said, I would never own property in a COA or HOA development.