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TO:            9400 Board of Directors

FROM:       John Roth

DATE:        November 1, 2009 

SUBJECT:  “Pet Committee” Recommendation 
 

The attached recommendation is the final product of the “9400 Pet Committee”  formed in September, 2009.  The document outlines suggestions related to clarification of the 9400 by-laws, pet registration, house rules, and enforcement.  Since the  three committee members who are large dog owners have failed to endorse this recommendation, you should consider this recommendation as coming from me, alone.  This plan seems to sensitively address the majority of the objections that the large dog owners brought to the table.  The plan offers benefits for the 9400 owners in general, for the BOD, and for  those who currently bring apparently inappropriate animals to the building. 
  

9400 owners benefit from the first part of this recommendation.  One committee member has suggested that our by-laws don’t mean what they say and that all dogs of all sizes are permitted at all times.  We’ve asked that the BOD contact our attorney to interpret the by-laws’ statement allowing small dogs.  We need to understand our by-laws.  We’ll all be better off if our by-laws are clearly stated and enforced. 
 

Owners of apparently inappropriate animals “win” under any circumstance.  If all dogs of any size are shown to be permitted by the by-laws, then we welcome all well behaved dogs of all sizes.  If not, current inappropriate dogs are “grandfathered” and allowed to continue to visit the condominium for the remainder of their lives as long as they are well behaved.  Meanwhile, the BOD will be viewed as making at least some progress in attempting to enforce this provision of the by-laws.  
 

The suggested annual registration and enforcement process, if implemented, will further indicate BOD support of the spirit of the by-laws.
 

There are several other sections of the recommendation that are not controversial and about which there has been no objections raised during committee discussion. 
 

I urge Board members to familiarize themselves with the content of the website established to display owner comments and the proceedings of the committee.  The website will continue to be displayed at http://jroth4.home.comcast.net until it can be made a part of the official 9400 website, when re-activated.  If the official site is not re-activated, I’ll see to it that the discussion site remains available on the internet for reference by anyone needing the information in the future.

Respectfully Submitted,

/Signed/ John D. Roth

Recommendation of the “9400 Pet Committee”
November 1, 2009 

The committee recommends that: 

A. The BOD contact our attorney to determine whether the 9400 by-laws allow dogs that are not small dogs on the 9400 premises. 
 

If our attorney finds that only small dogs are permitted by the 9400 by-laws: 

Declare that a small dog is a dog weighing, or potentially weighing, less than 30 pounds. 

As soon as legally permissible, begin implementation of a “grandfathering” program for current unit owners’ non –complying current dogs. This program should eliminate most inappropriate dogs over a period of ten years.

If our attorney finds that all dogs are permitted by the 9400 by-laws: 

Amend the by-laws to eliminate the reference to small dogs. 

In any case: 

Implement, by June 1, 2010, an annual registration and identification program for by-laws appropriate dogs. Each registered dog is to be identified in a book available to the 9400 office and security personnel   The register is to include an annual photograph, the owner’s unit number, the dog’s name and the date of purchase of the dog’s annual identification tag.  Each registered dog will be issued a non-transferrable annual color-coded identification tag.  The “grandfathered” dogs of current unit owners should be identified by a unique tag. 

Dog owners are to contribute to the cost of this identification program by paying an annual registration fee of $5 per dog.

B. Amend all relevant job descriptions to include responsibility to enforce pet-related house rules and by-laws. 

Assure management that the BOD requires strict enforcement and give management authority commensurate with this responsibility.

C. Annually, reinforce the BOD’s commitment to enforce all of the association’s by-laws and house rules. 

At the May, 2010 annual meeting, or in an earlier newsletter, announce the recommendations of the Pet Committee and indicate which recommendations have been accepted and which recommendations have been rejected by the Board of Directors. 

D. Amend the 9400 house rules to allow owners’ family members to temporarily register and bring their by-laws appropriate dogs to the building WHEN THE UNIT OWNER WILL BE PRESENT.

E. Adopt an additional 9400 house rule that clearly defines the Board’s authority to ban from the building any dog that exhibits dangerous behavior.