If the board did not already write her letters abut the illegal dogs then you have a problem. There is time frame....

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Yes, we did, without going into detail, there has been notice served, However, we were just wondering, the non-Board approval withstanding, whether there were any past cases of shareholders with dogs defecating on outdoor private premises we could learn of. Who would ever have thought to put in a prop lease that animals were not allowed to defecate on terraces, rear yards. I know people paper train dogs to go inside their own apts. but that is different-it remains within their unit. The question is, is the terrace the same as in their own unit?

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BN: Could the dogs be puppies, or dogs that previously lived in a house with access to the outdoors, and not paper-trained? Maybe your SH is training them on the terrace so he won't have to do it in his apt. It's a chore, and can be a smelly one, especially in an apt if space is very limired, to paper-train 1 dog, let alone 3.

Per law, people who get dogs in a no-dogs building or don't have permission for them if it's required must be notified within 90 days of when you first know about them that they can't stay and go to another home.

I assume you won't give the SH permission to keep the dogs. If he won't relocate them, ask your coop attorney what to do. If you don't have one or he don't know the answer, call the ASPCA at 212-876-7700 and ask them what to do. If whoever you talk to doesn't know, he can probably refer you to someone who does. Their Humane Law Enforcement Dept. only deals with pets that are abused or neglected. I don't know if they can help with your situation, but it's worth a call.

If you let the SH keep the dogs, tell him to put a tarp or non-transparent shield around the terrace so neighbors can't see the dogs. Hopefully, this terrace issue is temporary if the SH is paper-training them. If odors of cleaners are offensive, tell the SHs he's interfering with the right of other SHs to enjoy their apts. If this doesn't work, the only other thought I have is to consult your MA and/or coop attorney.

I hope my comments here are of some help.

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Thanks for your response. The dogs are puppies but this does not appear to be a temporary training situation--the shareholder fully intends to use the rear patio as a dog run and has no intentions of walking the dogs for purposes of them relieving themselves. The situation is offensive to other shareholders who have to view wee wee pads on patio 24/7 outside their windows and have to listen to the training sessions as they occur. They will not be given Board Approval and we have exercised our rights within the time frame as regards making sure we do not waive rights. Just wondering what other Boards have done or would do in this case. We are dog-friendly but this situation has never come up before. All other pet owners are shreholders in good standing and take dogs out to releive themselves or keep paper WITHIN their units.

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BN: If your SH uses his patio as a permanent dog run and won't walk the dogs outside, and if the sight and odor of training pads and cleaners + listening to the SH training the dogs is disturbing neighbors, I suggest you ask your coop lawyer what to do. These acts are, from what you say, obviously preventing the SH's neighbors from being able to enjoy their apts which would be a breach of the Proprietary Lease.

Also, although none of your other current SHs let dogs use their patios in this way, maybe your board should enact a policy or add terms to the House Rules that clearly outline what is and isn't permitted re: the maintenance of dogs (or other pets) within the building so this type of issue can be avoided in future with other SHs.

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