Article Courtesy of The Sun Sentinel

By Daniel Vasquez

Published October 22, 2008

Eddie Garczyk has lived in his Coconut Creek condo for a decade. Although it has a no-pets rule, he says neighbors have ignored or broken it over the years.

About a month ago, he let his friend, Rachel Bash, and her two dogs — a beagle mix and cocker spaniel — move in. He soon received a violation notice from the 189-unit Karanda Village VI association.

"I want to know why they're picking on me," said Garczyk, 41, a recreational coordinator.

What can you do when you feel you're being singled out for rule-breaking?

"It's called selective enforcement and it happens," said Bill Raphan, a South Florida supervisor for the state Office of the Condominium Ombudsman, a neutral resource for unit owners, board members and property managers. "It's a very common and interesting subject and there are usually two sides to the story."

Garczyk's board contends he is not being picked on.

"The only time someone is singled out is when we receive a complaint," said Larry Sommers, an association director. "If there is no complaint, or if a complaint is not signed by a unit owner, we don't investigate."

He says it's difficult to keep track of what is going on in each unit, but the association's polices are as fair as can be expected for a large community.

Sommers added that every unit owner must sign a form acknowledging a list of condo rules, including the ban on pets.

Garczyk admits he was aware of the rule but says he figured it was OK to take in pets because other neighbors were doing the same.

Unfortunately, that's not how it works.

"Technically, the board can have the dogs removed," Raphan said. "The fact that other neighbors got away with it doesn't make it right."

However, he does offer several recommendations.

Write a letter of inquiry. Raphan says owners can exert some pressure on a board and possibly point out unfairness by writing an official letter of inquiry. You must send the board something in writing in the form of a question and send it via certified return-receipt mail. For example, you could write: Could you please let me know why I am being singled out for a violation when other neighbors with pets are not receiving violation letters? By statute, the board must respond in writing within 30 days – or within 60 days if they seek a legal opinion.

Work with the board. Raphan says complaints often pop up when a new board is elected and it wants to enforce rules that have been overlooked in the past. In that case, he suggests compromise. "My advice is if you're going to start suddenly enforcing these rules, you should let everyone who has a pet keep them. You should then pick a date and start enforcement from there, perhaps adding a rule that says those who have pets cannot replace them when they die."

Of course, boards are not obligated to reach such a decision.

Seek an amendment change. You can always appeal to the community of unit owners. The documents should spell out what percentage of owners must vote for a change — in Garczyk's community, it takes 66 percent of the 189 owners to agree. If the documents do not provide a percentage, state law dictates a two-thirds vote is required for a change. Once the vote is filed with the county, the change goes into effect.

Replace the board. If a number of owners think a board is acting unfairly, it may be time to either recall them or vote in new members in the next election. "In order to effect change, unit owners must get involved. Implementation is power," Raphan said. Raphan makes a great point. It's easy to feel like you're being picked on, particularly when you have no idea how your board operates. Signing up for the job, as thankless as it may be, is a good way to help make sure rules are enforced correctly and fairly.

Daniel Vasquez can be reached at:

[email protected] or at 954-356-4558 (Broward) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and at www.sunsentinel.com/condos. You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez