Q:When the builder was still present in our area, he hardly enforced any of the rules and regulations. He turned over the association three years ago. The boards for the past three years never enforced the rules that state one pet per home. Several homes have two dogs that are always walked on a leash and are not disruptive. Some residents have more than one cat or bird. Our current board has decided to suddenly enforce the one-pet rule for dog owners. The dog owners are more visible because they walk their dogs and most of the cats and birds are unseen. Doesn't this seem like a vendetta against dog owners and a potential legal action against the board if it does not enforce ALL of the rules instead of pick and choose?

F.S., Oldsmar

A: When a board begins to enforce rules where past boards failed to do their duties, it is never easy. Keep in mind that owners, the members, have a duty to comply with the rules and regulations.

Maybe it is time for the members who are complying with the rules to back the board and those that are violating the rules to recognize the problem.

With reference to the board only trying to enforce the dog rule, they have to start someplace. Once they have the dog violators under control, I am sure that they will then address the other pet issues. It sounds like many of your members have really taken advantage of past board failures and it is something that your current board will need time to bring back in line.

Q:You have answered in past columns that the board is responsible for enforcing the rules. Holding the board legally responsible to enforce the rules against noncompliant owners, who else is responsible? You often respond in your column, ''Why not run for the board?'' Perhaps, unfortunately, it is because of the responsibility involved.

C.L., Coral Gables

A: Your observation is true. Too few will volunteer. It is not necessary to be president but perhaps serve on a committee or volunteer to be a candidate to serve on the board. All owners must also understand that the final responsibility is not with the board. Owners have the final responsibility. By this I mean if the board makes a defective decision that causes a financial loss to the association, each owner will have to pay for the loss.

Q:Does the president of the board have the right to approve patios and screened rooms being built on common ground without this being discussed at a board meeting or being approved by the board of directors?

N.E., Bradenton

A: No owner can take part of the common area for their private use. Neither the president nor the directors can approve private use by an owner. The board has a responsibility to maintain the common areas and only a vote of the members can alter or relieve the board of this responsibility.

Write to Condo Line, Home, 1 Herald Plaza, Miami, FL 33132, or e-mail CAMquestion@cfl.rr.com. Include name and city.

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