Michelangelo: The Dog, The Painter and The Computer Virus

Michelangelo The Dog
On March 21, 1995, the Massachusetts Court of Appeals issued its opinion in the case entitled Granby Heights Association, Inc. vs. William Dean. William and Rhonda Dean were unit owners at the Granby Heights Association. In addition to their three children the Deans owned a golden retriever by the name of Michelangelo. Michelangelo weighed approximately seventy pounds.

A few years after the Condominium Association was created, the Board of the Condominium Association adopted a rule stating in relevant part: "No animal is allowed outside of a unit!". Despite this rule evidence indicated that the Condominium Association did allow animals to be carried across the common areas. However, Michelangelo was too heavy to carry across the common areas. In the lower court, the Superior Court enjoined the Deans from using the common areas to exercise their dog, and from otherwise permitting their dog any access to the common areas except to carry the dog to a vehicle for purposes of transporting the animal off premises.

The Deans appealed that judgment to the Massachusetts Court of Appeals. The Massachusetts Court of Appeals held that the restriction on the pet was invalid. Essentially, the Court stated that the rule adopted by the Board had the effect of not allowing pets within units because of the difficulty of transporting them across the common areas. Because the effect of the rule was to restrict pets within units the Court held that the restriction could only be valid if it were made part of the By-Laws of the Condominium Association. In so ruling, the Court followed a line of cases commencing in the early 1970's which states that there are certain restrictions which may not be adopted as rules by the board of a condominium association but rather must be voted upon by the unit owners as an amendment to the governing documents.

In a rather important side note the Court also ruled that the Condominium Association was not subject to the Massachusetts Consumer Protection Act. The Massachusetts Consumer Protection Act provides that consumers may obtain up to treble damages plus attorneys' fees if a business engages in unfair and deceptive practices. Although there had been lower court decisions relating to this matter, this was the first case where the Appeals Court ruled on the issue. The Court stated that there was no evidence that a condominium association is involved in trade or commerce and therefore it is not subject to the Massachusetts Consumer Protection Act.
Moral: Never trust a dog over thirty (pounds).

Michelangelo The Painter
If Michelangelo lived in the 20th century it is more likely than not that he would live in community association. I wonder how community association boards and their legal counsel would treat the world's greatest painter. For some reason, what I envision is that the Board would fine Michelangelo if he were to paint the ceiling of the clubhouse. After all, this could set a bad precedent for other unit owners who might not paint common areas in as tasteful a manner as Michelangelo. Presumably, the board would also assess Michelangelo the cost to spray paint over his graffiti.

As a side note, I assume that the board would be irritated that Michelangelo would not use his last name. After all, who does he think he is? Madonna?
Moral: Never trust anyone whose first name ends in a vowel.

Michelangelo The Computer Virus
It pains me greatly to see my lovely wife, Carol Augustyniak, fighting with Alex and Jake, my seven-year-old girl and five-year-old boy, over who can use our new computer. My children want to play Rita Rabbit while my wife enjoys Blackjack. Hopefully, they will work out their differences.

CAI has introduced a bulletin board service entitled Community Associations Online (CAO). CAO provides a wealth of information to its subscribers including access to CAI's library, the ability to search for cases in The Law Reporter, legislative updates from across the country and a forum for those involved with community associations to exchange ideas. I would urge all of those who are interested in CAO to contact CAO at 800-248-1325 to find out more about this exciting concept.
Moral: Never trust anyone under eight years old.