When the building was new, the builder allowed the first owners to bring in their small pets, with the understanding that when the animal died, there would be no replacing them. Subsequent buyers were never allowed to have animals.
What can we do to solve this problem? How do we do it in a "nice way" so as to stay friendly in our building? I would not be opposed to hiring a lawyer, even at my own expense, to rid us of this problem.
—Not Being Catty in Kissimmee
“There are a few areas of concern raised in the fact pattern,” according to James Robert Caves III, an attorney with the law firm of Becker & Poliakoff in Fort Myers. “The first is how a developer’s failure to enforce the governing documents affect future enforcement by the owner-controlled association. Typically, a developer’s failure to enforce restrictions in the documents do not carry over to the owner-controlled board. However, if following turnover, the owner-controlled association did not take steps to enforce the documents, even if the violations began before turnover, then the association would be dealing with a failure to enforce problem.
“In addressing an association’s failure to enforce the documents, there are a number of potential problems. If the violation has been ongoing for more than 5 years then there is a real possibility that the statute of limitations has run and the association would be unable to enforce against that owner.