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New Board Has Started Enforcing Rules Covering Dogs

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: October 2, 2008

When the builder was still present in our area, he hardly enforced any of the rules and regulations. He turned over the association to residents more than three years ago. Since then, the boards haven't enforced the rules that state one pet per home. Several homes have two dogs that are always walked on a leash and are not disruptive with excessive barking. Some residents have more than one cat or bird.

Our current board has suddenly decided to enforce the one-pet rule for dog owners. It is heartbreaking to think of these residents losing one of their dogs. And what about residents with more than one cat or bird?

The dog owners are more visible because they go out for walks, although most of the cats and birds are hidden in the homes.

Doesn't that seem like a vendetta against dog owners and a potential legal action against the board if it does not enforce all of the rules?

FS

Oldsmar

It's never easy when a board begins to enforce rules that previous boards have ignored.

When a buyer takes title to a home or unit in an association, he or she has a duty to comply with the rules. You now have a board that is attempting to enforce the rules when past boards did not fulfill their responsibilities and that can lead to all types of distress. Maybe it is time for the members who are complying with the rules to back the board, and those who are violating the rules to recognize the problem.

As for the board targeting dogs, I say it has to start somewhere. Once the board has the dog violators under control, I am sure it will address the other pet issues. It sounds like many of your members have taken advantage of past board failures, that's something your board needs time to address.

You have said in past columns that the board is responsible for enforcing the rules and the board is held legally responsible for that. You often say, when members write to complain, "Why not run for the board?" Perhaps it is because of the responsibility involved. I have seen too many people hold the president responsible for everything. Sometimes, that's because the other directors don't fulfill their duties.

I sure do not want to be president. We are lucky to have any person to serve on the board. Why would any person take on that responsibility?

CL

Coral Gables

Your observation is very true. Too few volunteer. There comes a time when each person must step up and do something for their neighbors and their community. It is not necessary to be president. You can help by serving on a committee or volunteering to be a board member candidate.

The final responsibility is not with the board. Owners have the final responsibility. By that I mean if the board makes a bad decision that causes a financial loss to the association, each owner will have to pay for the loss. Harry Truman said that the buck stops with him. In truth, if he made a mistake, the buck stopped with each taxpayer.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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