What to do if our dog is overweight and our HOA gave us 30 days to have him lose 2 lbs but that would be impossible unless we starve him?

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What to do if our dog is overweight and our HOA gave us 30 days to have him lose 2 lbs but that would be impossible unless we starve him?

Our landlord was aware that the dog was over , and now denies it. Tey are currently in a lawsuit with someone in the community that has a golden retriever.

Asked on December 4, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, it appears there is a weight or size restriction in the HOA agreement or other documents governing the home you live in. If there is, it is in fact enforceable against you as tenants, just as it is against the owner of the unit; therefore, you have to either reduce the dog's weight or get rid of the dog. It doesn't matter if they previously knew the dog was heavy but took no action; a prior failure to act does not preclude them from acting now. You may wish to consider seeing if a vet could help you safely have your dog lose the weight; or maybe board the dog elsewhere, or let him/her stay with some of your family or friends, until he/she is under the limit. The problem for you is that you cannot have more rights than the unit owner you rent from; so if the unit owner could not have an overweight dog, you may not, either.


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