Owner Fights HOA over Pet Policy and Right to Copy and Inspect Records

This case involved two separate disputes between a condominium owner (“Owner”) and his homeowners association (“Association”) over the validity of an amendment purportedly adopted by Association to the provisions concerning pets contained in Association’s declaration and the inspection and copying of Association documents requested by Owner.

Dispute No. 1- Re Validity of Amendment of the Pet Provisions in Association’s Declaration

Association’s recorded master deed, which dated back to 1983, contained language stating that, “Household pets will be subject to regulation, restriction, exclusion and special assessment, as may be determined by the Association from time to time.  In 2011, Association purportedly adopted an amendment to language contained in the master deed concerning pets.  The amendment, which consisted of a 2 page document, entitled “Twin Towers Condominium Association Pet Addendum,” limited the number of cats and dogs per unit, imposed a 25 pound maximum weight limit on dogs, and prohibited certain breeds of dogs and exotic pets.

Owner challenged: