Association Can't Impose New Pet Rule

June 29, 2010
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Facts: A group of condominium members sued the board to prevent it from enforcing a rule it had passed regarding pets. The condominium's bylaws had indicated that members were permitted to walk with their pets over the condominium's common areas. However, in July 2008, the board passed a rule requiring members to curb their pets and prohibiting members from walking their pets on the common areas. Violators of the rule were subject to a $50 fine.

The trial court refused the association's request to dismiss the members' lawsuit. The association appealed.

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