Marinas That do not allow Pets?

[mvweebles]

I own the slip, deeded property pay taxes to the Township of Toms River. I do not own a condo apartment on site. Live in a Single Family Home in another Town.

My best thinking is to have a rational conversation with the BoD/property manager and offer to bend-over-backwards to be a good neighbor. Carry the pooch on/off boat, etc. Assumes the pooch really is a docile dog. In my experience, all owners have fabulous pets. However, many have separation anxiety and bark nonstop when left alone which is super annoying and the owner isn't aware it happens. Barring success with a reasonable approach, I really think you may want to fire a shot across their bow with a letter from an attorney. I wouldn't let this go without some push back

Peter

 

[BruceK]

It would make sense to obtain legal advice as to whether the decision is "within power". Getting others with similar interests involved could defray the cost as well as have them take an active interest. Once you have advice you can decide whether pursuing a "grandfathering" exclusion is appropriate.

You could also pursue both simultaneously.Surely there are many living within the development who took on an animal while it was allowed. They like you had a reasonable expectation that animals being allowed/not prohibited meant a companion animal would be allowed to live out its natural life on the property if its owners appropriately controlled its behavior. Could be a kind of "estoppel".

 

[SteveK]

John,
If you were in BC Canada the grandfather rule (condos) would apply to you in a condo bylaw change. You prove your pet was on the grounds, (marina) before the bylaw was changed, you are grandfathered for as long as that pet is alive.

Do consult with a lawyer after you write them a nice letter which they either ignore or tell you to bug off. It may be that simple.

 

[MOJO]

You may simply want to contact a lawyer. My slip in Florida is within a condominium association. Changing the bylaws requires unanimous approval of the slip owners. This isn't something the governing board can do. A simple visit with a real estate lawyer well versed in condominium association law may tell you whether it's legal or not. In Florida, in a situation like this, the state prosecutes the board for unlawful violations of state law.

Ted

Good idea to contact an attorney who specializes in condominium law in your state. You can also read your state statutes regarding condominiums. In Florida that's F.S 718. Most condominium association by-laws spell out the requirements to amend the by-laws, but if not, the state statute will. In Florida at a minimum it requires board approval of a properly filed motion at a properly noticed board meeting. It then requires a notice mailed to all owners and a two thirds affirmative vote of the owners at a properly called and noticed meeting. If approved, the change must then be recorded with the county. In my experience, the board of directors often poorly understands the requirements and frequently fails to jump through all the hoops. This invalidates the by-laws change. Doesn't mean they can't reconvene and do it right, but it's not necessarily an easy process.

It's been a while since I researched pets, but in most states pets are grandfathered against by-law changes as long as the pet was there before the change was made. You can't get a new pet to replace one that was grandfathered, but they can't make you get rid of your existing pet due to a rule change.

 

[Andiamo2018]

I don't understand why anyone cares about service animals. If someone is walking with a cane should someone else be able to judge if it is needed?

It sounds to me like it is possible bad behavior that is the issue. Because someone hits someone else with a cane shouldn't mean all people with canes will be barred or judged. If a service animal breaks decorum then address the behavior (growling, barking etc) rather than trying to ascertain if the 'service' lives up to your standards.

 

[GregB]

Boy has this touched a nerve with me!

I have lived aboard in the same marina, same slip for 9 years. I rent from the owner. It is part of a condo association. There have been "No dogs allowed on the property" signs the whole time. I have always had dogs aboard and thought the signs were just not enforced. Because i am a renter, not an owner, i was never informed that one must have a permission letter for a dog. Two BoD members have dogs and apparently a letter. There are six dogs on the property. More cats but most are on this one boat.

Another slip renter has 3 - 4 cats aboard and has a real grudge against me as the cats roam freely and aggravate my dogs and i have challenged him about his loose cats. Recently it went too far and he reached over the rail on my boat and got bitten. He was walking down the finger handling a bow line on a friends sail boat backing out of the slip that shares the finger. That was his story. He had to have reached across because my dog couldn't have reached him. People other than myself who know the situation believe i was set up. There were no witnesses. His wife had her phone out but i assume the video "evidence" of the bite did not tell the story they wanted. There is a year long back story of him telling others that he was going to get me thrown out.

Now the board has banned that dog from the marina. The association has said that if i did not remove the offending dog, they would fine the slip owner $100.00 per day. That puts the owner in a real spot. I was planning a trip away so both dogs and I are gone for now. Looks like i can only take one dog back. My dogs are always under control and anyone who approaches my boat receives a greeting and the dogs get pets. They are friendly and not aggressive. I always pick up after them and frequently pick up after tourists on the property who are more thoughtless. Some bring their pets on vacation.

I'm sick about this. Both dogs are rescues and the biter was badly abused. Yes, I believe she bit him. He had it coming. There was blood in the photos I was shown. First aid was rendered only by his wife. He refused to file a police report. What a mess! They are each 40 pounds. The darker one on the left did the bite.