Page 7 - CooperatorNews New Jersey Spring 2022

NJ.COOPERATORNEWS.COM COOPERATORNEWS NEW JERSEY —SPRING 2022 7 QUESTIONS & ANSWERS Legal Q A& ecialize in: ominium/Townhouse Associations Family HOA/Master Planned y High Rise Condominiums 973.376.3925 www.cp-management.com Corner Property_HBW_NJExpo14:Layout 1 4/17/2014 10:19 AM Page 1 Discover Our Comprehensive Service Platform and Eliminate Frustration and Hassles Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. Puppies Grow Up, Too Q When I bought my house fi ve years ago, I signed the HOA docu- ments which forbade dogs over 50 pounds. Unfortunately, we forgot what we had signed. Since my son started online school and the pandemic began, the new reality was very hard for him, and for this reason we added a golden retriever puppy to the family. Th e puppy has been growing, and today weighs 85 pounds. Th e HOA has informed me that the dog is not allowed, but my son loves his dog too much, like us, and we cannot even think about the possibility of getting rid of him since he is part of our fam- ily. Is there anything I can do about it? —Forgot About the Rules A “When you purchase a home in an association, you become a member of the association and are subject to the association’s rules and restrictions,” says Jessica Baker, Esq., attorney with the Princeton offi ce of Hill Wallack LLP. “It is common for an association’s governing dogs. If you were planning on moving or are owned by the village, due to a confl ict of in- documents to contain restrictions regard- ing pets or to allow an association’s board to sociation may be willing to temporarily per- enact reasonable restrictions regarding pets. mit the dog. Some associations may limit the number of pets you can have—for example, limiting the stone and, in some circumstances, can be number of dogs to two (2) per unit—or the changed. You can reach out to your neigh- type of pet, such as allowing cats and dogs bors to see if other residents would like to but prohibiting other non-domestic animals change this rule to allow large dogs. Th e or livestock. Further, an association’s govern- ing documents may even contain a size limit this restriction to the board. Be aware that ney Elysa Bergenfeld, partner in the Com- for pets, like your association’s 50-pound this change may require a vote of the mem- weight limit. Assuming the restriction is in bers, depending on the document the re- the governing documents or rules and regu- lations, the association may have the author- ity to enforce the restriction and require that dog appears to be a pet and not a service dog can also hire a relative of a board member so you remove the pet from your home. “You do have a few options. You can re- quest to meet with the board or participate analysis.” in alternative dispute resolution to ask for an exception to the restriction. However, grant- ing an exception would be in the board’s discretion, and the board may have several reasons for not permitting the 85-pound dog, such as not wanting to set a precedent for other residents that want to have large restricted from listing or selling units that are searching for a new home for the pet, the as- “Restrictions like this are not written in members may bring their desire to change striction is found in. “Finally, it is important to note that your is likely not prohibited. Generally, a co-op or an emotional support animal, which is an long as the relationship has been disclosed important distinction and would alter this and the hiring of the position/person was Board Limits Q We have a member of the board of trustees of our co-op village who is a licensed realtor. Is he legally terest? Also, is a board legally restricted from nepotism? Our board has hired the sister of one of the trustees as an offi ce worker. —Suspicious A “Co-ops are governed by a proprietary lease and bylaws,” says Princeton-based attor- munity Association Practice Group of New Jersey law fi rm Ansell Grimm & Aaron PC. “Unless there are restrictions in either, such done properly otherwise.” n