If condo by-laws say no pets, can you have a pet inside your unit?

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If condo by-laws say no pets, can you have a pet inside your unit?

What can the association board do if the answer is no? Our condo consists of 10 free standing lake cabins. We own the ground under and 3 feet around. The rest of the property is common ground, including the parking area.

Asked on September 14, 2011 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you violate the association's by-laws, the condo board could sue you. They could seek both compensation for any costs or damages your pet(s) cause--e.g. if the damage landscapping, some common area, etc.--and more relevantly, for injunctive relief. An injunction is a court order; the board could therefore seek a court order that you get rid of the pet. If they do this and get the relief, and if you still don't get rid of pet, you would be in contempt of court and could face fines and possibly even jail time. It doesn't matter what you own or do not own; what matters is that you are bound by the by-laws (though you can and should review them for any loopholes) as a member of that community and therefore must abide by them, unfortunately.


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