The condominium owner (CO) challenged the enforcement against her of a rule limiting pets to 20 pounds or less.
The evidence at the hearing showed that the Declaration and bylaws of the condominium association (CA) allowed each unit "one small orderly house pet, 20 pounds or less." Before the CO bought her unit she was given a copy of the governing documents which included a limitation on pets, but not of the house rule on the subject. The CO owned a Siberian Husky that weighed 31-36 pounds. The CA repeatedly notified the CO her dog was in violation of the rules and offered her a hearing before her board of directors on the alleged violation. At the hearing, the board found her in violation, gave her 60 days to remove the dog, and imposed a fine of $10 per day if she failed to meet that deadline. The CA showed it took similar action against other homeowners who did not comply with the rule.
The hearing panel found that the rules against pets were properly adopted, that the CA followed its procedures for dealing with the violation, and that the CO was in violation of the rules. It further found that the fine of $10 per day was reasonable.
The hearing panel ordered the CO to remove her dog within 2 weeks, and to pay a total fine of $1610. The panel further ordered that if the CO did not remove her dog by the deadline, the CA could begin charging her new fines of $10 per day until she did so.