Yes, an owner of the condo unit can sue the management board in regard to issues relating to dogs, but that would, of course, depend upon the given circumstances and the nature of the complaint. Here are some of those situations where a lawsuit is possible, with some elements to consider:
1. Violation of Condo Rules or Bylaws
Most condominium associations have rules or bylaws regarding the ownership of pets in their structures, touching on the size, breed, or the number of such pets. If the management board is applying or failing to apply the rules in a manner that negatively impacts the unit owner, they may then find grounds for a lawsuit against them.
Example
Condominium owners may argue that the management board is acting contrary to law or in breach of the bylaws when there are restrictions on the size or breed of a dog they are allowed to keep, and the management board unfairly and inconsistently enforces the rules against them.
Legal Recourse
The owner in these circumstances might argue against the actions of the board as a violation of the contract or other governing documents of the condo. In this regard, one can go for a lawsuit on any perceived violation in application of the rules.
2. Disability and Emotional Support Animals
Under the FHA and similar U.S. laws, a condominium association may not outright ban emotional support animals or service animals, even when the building has a "no pets" policy. If a unit owner requests a reasonable accommodation for a service dog or emotional support animal, unless the accommodation would pose an undue hardship or violate other applicable law, the management board is required to accommodate such request.
Example
A condo owner with a disability requests to keep a service dog, and the management board denies the request without a valid reason; the owner could sue for discrimination under the FHA or similar disability laws in other jurisdictions.
Legal Action
The owner may file a discrimination lawsuit if they feel that their rights are being violated.
3. Noise, Nuisance, or Safety Concerns
One likely scenario leading to a lawsuit is if the condo management board takes action against a dog due to it causing disturbances-e.g., excessive barking, aggressive behavior-and the owner believes the board is overstepping or unfairly using noise or nuisance rules against them. This would usually be when the owner feels the actions by the board are unreasonable or discriminatory.
Example
If there is a dog that barks excessively, and the management board requires that dog be removed from the unit, if an owner believed this decision was due to a misunderstanding or unfair application of the rules, they may challenge such a decision.
Legal Action
The condo owner might also sue for selective enforcement or breach of the condominium agreement. They might argue that the board isn't following proper procedure in the bylaws.
4. Failure to Enforce Rules Regarding Pets
For example, if an association is not applying its rules governing pets in a non-discriminatory fashion-for instance, allowing one resident's dog to bark in violation of the noise rules while fining another-a unit owner might sue for failure to enforce the rules or for discriminatory enforcement.
Example
If a neighbor's dog continuously barks and disturbs but the management board does nothing to resolve it, then the affected condo owner may have a good argument that the board is being negligent in the enforcement of the condo rules.
Steps Before Lawsuit
Before filing any lawsuit, it is often advisable to first attempt an amicable resolution of the issue through less formal means, such as:
We will evaluate the governing documents:
condo rules, bylaws, and declarations, to determine whether your case is clear. Write a letter on paper expressing your concerns or complaints to the management board. Many disputes are handled through mediation or alternative dispute resolution, with no formal lawsuit filed.
Conclusion
An owner in a condominium can sue the management board over issues regarding dogs, but such a lawsuit will depend on the particular circumstances of the situation, including the rules of the condo, any relevant laws (such as discrimination laws), and the actions of the management board. It is advisable to consult a lawyer specializing in real estate or condominium law to determine whether legal action is an option in your case.