THE BOARD'S "SOLUTION"

Motion: To adopt as Board Policy the attached statement on the subject of dogs at the 9400 building.  (Oksala, McCarthy).  Passed unanimously.

"New" Board Policy on Dogs at the 9400 Condominium

"The maintenance, keeping, boarding and/or raising of animals , livestock or poultry of any kind, regardless of number, shall be and is hereby prohibited within any condominium unit or upon any common elements, except that this shall not prohibit the keeping of small dogs, cats and/or caged birds as domestic pets provided they are not kept, bred or maintained for commercial purposes.

Recent events resulted in the formation by the Board of a Committee to review the situation.  However the committee was unable to reach any conclusion.  Two significant issues remained, namely

1. Do the bylaws prohibit dogs which are not "small", or do they simply say that the rules and regulations cannot forbid the possession of small dogs, without saying what might or might not be done with regard to dogs which are not small.

2. The bylaws are silent on what constitutes a small dog.

The Board of Directors, given this uncertainty, plans to continue the long-standing tradition of allowing dogs regardless of size consistent with our rules.  We note that at the current time our rules are:

     1. All dogs must belong to the owner, and not to renters, friends, or relatives.  (This does not apply to designated service dogs, such as seeing eye dogs).

     2. All dogs must be licensed through the Condominium Office, and must wear the appropriate tag at all times.

     3. All dogs must be on a leash whenever they are outside the owner's unit.

     4. Dogs which exhibit inappropriate behavior will have their license revoked.

It is possible that at some point in the future, consideration will be given to limiting the size of dogs, relaxation of the strict owner requirement, or other rule changes.  It is also possible that a legal interpretation may change this position.  It is the intent of the Board that if such changes are made, they will not apply to dogs which were acceptable prior to the implementation of the changes.

Section 4.4 of the bylaws (Other Duties) outlines some of the duties of the Board of Directors.  Section 4.4 (d) indicates that the Board of Directors shall be responsible for...the promulgation and enforcement of such rules and regulations and such restrictions on or requirements as may be deemed proper respecting the use, occupancy and maintenance of the Project and the use of the general and limited common elements as are necessary to prevent unreasonable interference with the use and occupancy of the Condominium and of the general and limited common elements by owners, all of which shall be consistent with law and the provisions of these By-laws...

Since the "new" policy conflicts with the by-laws, it appears that the members of the Board are operating outside the scope of their authority in issuing this "new" policy and that the "new" policy is void.