Having a dog even though agreement does not allow it?

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peaches

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Re: "The Kilns", Portmarnock? any thoughts on the development?

Sorry to drag this back to the dog issue but I'm considering buying a second hand place in the Links and was wondering if anyone knows the final word on this. Estate agents vary on whether it's a problem or not. I have a small dog who is regularly walked and who doesn't cause any problems. Apparently the management company has it in the contract that you can't have dogs but then I read someone say that you can challenge that part if your dog is not a nuisance. I've consulted with my solicitor who says if there are already dogs staying in the complex then there is a precedent set and the management company cannot insist against them. It's a nightmare because I really like the development but don't want to pay that kind of money if it's going to cause major problems. Does anybody have any answers?

Ps - hope the plans for your new places are all coming about. I know what it's like to have them dragging on. Nitemare!
 
Don't heed estate agents-your solicitor is the only person qualified to advise on this.

Remember-your neighbours may take exception to you having the dog, nuisance or not.

One thing to check with your solicitor-when they say that there is a precedent, do they mean that

(a) someone there has a dog and the managment company have done nothing about it; or
(b) someone applied for permission to keep a dog and the management company granted permission on the basis the dog wouldn't be a nuisance?
 
If someone complains about the dog, you will more than likely have to get rid of it. Management Companies often have terms in their contract that are only enforced if it becomes an issue /causes a nuisance. Wooden floors are a good example.
 
There are cats in Seabrook Manor (around the bins), but I'm not sure that they are owned by any of the residents. Cats could come from nearly anywhere, while wandering dogs are quite rare.
 
Hi,
Thanks for your replies. The reason I posted it on the other board was because there had been a discussion about dogs in the apartments beside the Kilns. I know someone who has a dog in Seabrook and she says it's not problem whatsoever, that the management company don't mind once it's not a nuisance. She said there are actually a few dogs there. I didn't know what the story was with the Links though.

As regards a precedent, my solicitor said that even if the management company was turning a blind eye to dogs for other residents then it could be argued that it was unfair not to do so for me should any problem arise.

However, one of your posters on the other board said that he had actually dealt with the management company on this issue (not sure whether that was seabrook manor or the links) and got the terms of his contract changed. If this is the case then there is even more of a strong argument for me.

To be honest the dog won't even be in the apartment much because my ex lives in a house and she is licensed to live there. But it's a lot of money to pay if I'm gonna get hassle from nosey neighbours.
 
peaches said:
Hi,
Thanks for your replies. The reason I posted it on the other board was because there had been a discussion about dogs in the apartments beside the Kilns. I know someone who has a dog in Seabrook and she says it's not problem whatsoever, that the management company don't mind once it's not a nuisance. She said there are actually a few dogs there. I didn't know what the story was with the Links though.
Click to expand...

I have only seen one dog, and I would question she has said about the management company's advice.
 
Right,you buy an apartment i presume there groundfloor u move your little (i presume) dog in,it doesn't cause any hassle.What exactly are they goin to do to you ?
Obviously if you don't pay your service charges,they'll be waiting in the long grass for you when you come to sell,but i don't see what they can do if your dog doesn't cause any hassle.

Some of these conditions these days are just plain ridiculous,i know two lads from the same company who bought in the same estate,one of the "conditions" was that sign writing was not allowed on vehicles in the estate.One fella spent the weekend scrubbing the logo off the side of the van with petrol,the other fella laughed at him.He's still laughing !.
 
You sign a legally binding agreement. There can be consequences, depending on how active the managing agent and management company are in enforcing the rules.

The satellite dishes in our development were removed recently. Hadn't seen that done before. Maybe some people expect the rules to be adhered to-that's the whole purpose of signing the agreement in the first place.

Maybe some rules are ridiculous-but which ones? That's a matter of opinion. What if your neighbours think that the washing on the balcony rule is nonsense? Or the one forbidding people to attach a dish to their balcony facing the common area? etc. etc.
 
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