Condominium's Pet Ban Invalid

Landlord condominium board sued unit owner to enforce a house rule barring pets. The court declared that the rule was a valid exercise of the condo board's authority and that it could force the unit owner to get rid of her small dog. The unit owner appealed and won. The condo's bylaws didn't bar pets, but stated that owners "and their pets" shall not disturb other owners. In 2000, the condo board added a rule stating that "positively no pets are allowed in the building for any reason." But any rules regarding the rights and obligations of individual unit owners must be set forth in the condo association's bylaws, which, by law, must be approved by at least two-thirds of the unit owners. The building's bylaws went further, requiring 80 percent of unit owners to approve any bylaw amendment. Since the no-pet rule was adopted only by the condo board and not by a change to the bylaws, it was invalid.

Board of Managers v. Forman: Index No. 19519/07, 2010 NY Slip Op 07877 (App. Div. 2 Dept.; 11/3/10; Santucci, Balkin, Leventhal, Austin, JJ) [3-pg. doc.]