courtesty of Shu Bartholomew, On the Commons:

Rules with fine print about weight limits filed with county

By Linda Golz
Beacon Journal staff writer

Published on Monday, Feb 02, 2009

C.C. is not what you would call a big dog.

But this mixture of whippet, Labrador and a little bit of husky has created a big stir in the Portage View Condominiums in Akron.

The problem? The trim-looking dog weighs too much.

It seems the condo association allows its owners to have a dog as long as it doesn't weigh more than 12 pounds. C.C. weighs in at about 30 pounds.

The association and C.C.'s owners have been at odds for about a year. So the association sued in Summit County Common Pleas Court, seeking a judge's order to evict C.C.

But not so fast, says Eric Maltarich, C.C.'s master and Portage View Condo owner.

The 25-year-old Akron man said that when he bought his condominium on Snowfall Spur in October 2006, he was careful to read the bylaws concerning pets.

Being able to have a dog was a big factor in his decision to upgrade from an apartment.

''I would never have bought this [condo] if I knew I couldn't have a dog,'' he said.

The copy of the bylaws that Maltarich was given stated that ''dogs, cats or common household pets are permitted.''

So he figured C.C., whom he and his girlfriend, Allysa Naro, 23, adopted nearly two years ago, would be able to roam the condo without a care in the world.

Maltarich said he began getting letters from the association in April telling him no dogs larger than 12 pounds were allowed and C.C. would have to go.

Cleveland attorney Cullen J. Cottle, who is representing the association, said the bylaws given to Maltarich when he purchased the condo were incomplete.

The full, detailed regulations, which include a description of the weight restriction on
dogs, are recorded with the county and have been on file since October 4, 1978, when the property was developed.

''The association wasn't saying these were the only rules out there,'' Cottle said.

He said it is the responsibility of the person buying the condo to get a copy of the full bylaws and to be certain they understand those rules.

''There is no duty [for the association] to provide one,'' he said.

''How was I to know?'' Maltarich asked of the additional restrictions.

Naro said C.C. is part of the family and they love her.

''This is our child,'' she said.

''I forgot what life was like before dogs,'' Maltarich said.

The two say they don't know what they will do if they are forced by a judge to say goodbye to C.C.

''I'm going to have to fight it,'' Maltarich said.

The two say they plan to plead their case and open their hearts when the judge assigned to the case weighs the evidence.

But Maltarich said he knows it will be a real ''shot in the dark against the condominium's lawyers.''

If they lose the case, Maltarich said, he hopes ''the judge will give [him] time to sell the condo and move.''

Frank Rathbun, a spokesman for the Community Associations Institute in Alexandria, Va., said it is not uncommon for homeowner associations to place weight restrictions on pets.

''If the board bends the rules for this one, they have to bend them for everyone,'' he said.

Rathbun said that a Realtor or real-estate lawyer can help potential buyers understand what is expected when one lives in such communities.

However, he said that it is in the best interest of the associations to provide as much information as possible to buyers before a sale to avoid problems.

Maltarich said he has discussed his position with the board. Both sides said they have tried to find common ground.

But Cottle said the bottom line is C.C. violates the rules and the board can't make exceptions, except in the case of service dogs allowed under fair housing laws.

''Most of these restrictions are geared to keeping property values up,'' Cottle said. ''The board doesn't take litigation lightly.''

He pointed out that Maltarich was given nearly a year to make other arrangements before the suit was filed.

''I have not, in my experience, seen the 'I didn't know' defense work,'' Cottle said. ''In these kinds of situations, make sure you know what you are buying.''