T.R | Title | User | Personal Name | Date | Lines |
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847.1 | Got any cat-loving lawyer friends? | FURILO::BLINN | Looking for a job in NH | Mon Oct 19 1987 13:55 | 25 |
| It is the cat's nature to hunt. It sounds like it is your
neighbor's nature to be a pain in the tush.
You didn't indicate where you live (state, city), and even if you
did, I would not be familiar with local case law, but it's likely
that similar situations have been tried in the courts. In some
jurisdictions, the courts have ruled that a restriction like the
one that apparently exists in your condo association's bylaws is
invalid. If that's the case, you can probably win the battle by
fighting the condo association, but that will not win you any
friends.
I suspect that when you bought the condo, you signed a binding
agreement to abide by the rules of the association, so saying that
you didn't know about this particular rule before won't hold water
as an excuse ("Ignorance of the law is no excuse").
Basically, you're probably going to have to either keep the cat
indoors or find it a new home. If you can't get your 4-year old
to stop letting the cat out, you've got a very difficult problem.
But you're not at all likely to teach the cat NOT to hunt vermin.
Good luck! You're going to need it..
Tom
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847.2 | | CIRCUS::KOLLING | Karen, Sweetie, Holly; in Calif. | Mon Oct 19 1987 15:19 | 13 |
| Can you do something to the door so that the 4 year old can't open
it by herself, like put an extra latch way up high? If she objects,
perhaps you can explain to her about the cat; I don't know anything
about <human> babies, but perhaps she/he is old enough to understand.
Also, is it worthwhile trying to make friends with your neighbor?
I had a real problem with my next door neighbors about a hedge they
said was blocking their sunlight, until we discovered that we were
all cat freaks; now we're very good friends. Maybe your neighbor
is old and lonely and looking for attention? Maybe she/he hasn't
met your pussycat formally (remember the "kuts are nut allowed."
note.....)
|
847.3 | Why now? | OASIS2::WLIBBY | | Tue Oct 20 1987 13:59 | 23 |
| re: 1 I've been thinking of talking to my lawyer. I did read through
my master deed and by-laws when I was thinking of purchasing the
condo and found nothing about pets so I asked the real estate to
verify if pets were allowed. The answer is obvious since I bought
the place. When this situation arose I wrote back to the Board
of Managers requesting a copy of the "rules and regulations" they
mentioned and to date have not been supplied with a copy of these.
re 2: I considered my neighbour to be my friend before this whole
situation arose! Up until this point I have gone out of my way
to be considerate since we live next door to one another. I think
as Steve pointed out, it's just in her nature to want to complain
about something.
re 1,2: My son understands about letting the cat out. However,
Sam is very quick and waits patiently for someone to open the door
so she can scoot out. She's done it to me also.
I was hoping that if I kept her well fed that she wouldn't bring
home any critters but it sounds like I can't change her natural
instinct. Why all of a sudden has she started catching/killing
things when previous to 2 months ago she never caught anything?
|
847.4 | Check rules; send THEM a stern note about rights | GLINKA::GREENE | | Tue Oct 20 1987 14:24 | 22 |
| re: .3 part 1
Read carefully *all* documents dating back to your purchase to
be sure there is no mention/exclusion of pets/cats. If there
is not, then have your lawyer read the materials to make sure
there is nothing mentioned implicitly in foreign legalese.
Obviously, we all want to be sensitive to our neighbors wishes
and needs, but we have our own also. If you bought the place
because it did not exclude animals (or did not exclude their
being outside the unit) and that was within your rights as a
purchaser/occupant, then by all means fight for your rights!
(As a courtesy, do quickly dispose of any carcasses - ugh -
for the sake of *all* cat owners' reputations as well as your
own, of course.)
Good luck. Unfortunately, even if you are "right" it could
be unpleasant. But I don't think they can legally change
the rules *after* you already have your cat in place. A note
from your lawyer to the condo association stating your rights
might make things easier for you by placing *them* on the
defensive instead of you.
|
847.5 | Do you know for sure??? | DISSRV::GERRY | Go ahead, make me PURRR... | Tue Oct 20 1987 15:18 | 13 |
| Are you sure that the reason your neighbor is having a problem with
the cat is because of the "presents"??? Have you talked with he/she
about it???
It may be that the cat is doing something else that is undesireable,
for instance using their yard as a litterbox, spraying to mark
territory, or something along this line???
Sometimes a little communication goes a long way...
Hope you can work it out
cin
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847.6 | HOW ABOUT A BELL | MORGAN::JSMITH | | Tue Oct 20 1987 16:43 | 15 |
| A FRIEND OF MINE HAD A SIMILAR PROBLEM WITH HER CAT. EXCEPT, IN
HER CASE, THE CAT WAS BRINGING THE "PRESENTS"( SOMETIMES STILL ALIVE!)
THROUGH THE CAT DOOR AND INTO THE HOUSE. MORE THAN ONCE THEY WERE
AWAKENED TO THE SOUND OF CRUNCHING AS MITTENS FINISHED HER TREAT
ON THE BEDROMM RUG.
THEY PUT A COLLAR WITH A BELL ON IT ON MITTENS AND IT SEEMED TO
STOP THE PROBLEM. IT GAVE HER "PREY" PLENTY OF WARNING WHEN SHE
WAS ON THE MOVE.
IT MIGHT BE WORTH A TRY, AND WOULD CERTAINLY BE LESS $ THAN A LAWYER.
GOOD LUCK,
JANET
|
847.7 | Yes, a Bell Will Help | DSSDEV::HORN | | Tue Oct 20 1987 17:05 | 14 |
|
Yes, try the bell! My cat used to hunt all sorts of creatures
and bring them home. We finally stuck a loud bell on his collar
and the hunting did die down. He still managed to catch a
blue jay now and then, but for the most part, it seemed to work.
Keeping Sam in the house is not a good idea. When a cat has
been outside, it's hard to take that whole world away....
Hoping the bell works,
-Nancy (Mother of 3)
|
847.8 | With muffled anticipation... | TLE::SAVAGE | Neil, @Spit Brook | Wed Oct 21 1987 10:23 | 2 |
| I've heard that some cats have learned how to keep the bell silent
while stalking prey. Is there any truth to that story?
|
847.9 | | COMET::AIKALA | cat lovers do it playfully. | Wed Oct 21 1987 11:04 | 16 |
|
Well, maybe with one, because I know when Timmy wears one bell in
the house there are times when he's moved from one area to another,
without the bell tinkling. Whether this was due to cunning or chance,
I'll never know. I do know that when I take him for a walk outside,
I put four little bells on his collar in case he breaks out of his
collar. There's no way he's going to keep four bells quiet. If
he does, then he's alot more intelligent than I thought.
In the way of frustrated hunting because of the jingle, I imagine
it won't be too long before they put two and two together and
learn how to move (smooth and fluid) without setting it off. Can
you imagine them thinking why the heck this bell is on their neck
in the first place? Silly humans.
Sherman
|
847.10 | Belling him worked only briefly | CADSYS::RICHARDSON | | Wed Oct 21 1987 14:35 | 29 |
| When I was a kid, my neighbors put a bell on their altered tom Meatball
(he was named by their little girl....) because they didn't like
having live birds brought into the house. It worked only temporarily.
Meatball was a smart kitty, and after a month or so was back to
his usual success in hunting. Sigh. They finally gave him away!
(That was while I was away at college, but I believe that they gave
him to someone who had a lot of land, and got a new kitten for the
kids.)
I still remember the funniest thing old Meatball ever did. His
"daddy" and my father used to go deep-sea fishing together, and
one day Mr. Elliot caught a very big, probably record sized tuna
(Tturned out to be a record in girth but not weight). Usually they
would sell these fish at the dock and only keep the flounder they
caught (which they would filet on the boat and pack in ice in a
big wastebasket to bring home), but they kept this one because it
was SO big, so that they could take take it to wherever you get
the fish weighed for a record catch. Then they brought it home
- it was so big that that it wouldn't fit flat in the back of my
father's station wagon along with the wastebasket of flounder filets
without folding the tail back over it! When they got home with
this enormous fish, they laid it acorss Mr. Elliot's driveway and
put his little trout rod and creel on top of it. Then his little
girl decided to go get Meatball to see what he thought of the big
fish. Meatball was TERRIFIED! He took off like a shot, and was
gone for a few hours (by which time the big fish had been cleaned
- whatta mess! - portioned out, and stuck in freezers all over the
neighborhood). Not that this story has anything to do with his
bird hunting activities, mind you!
|
847.11 | Aaaargh! They can hunt too! | HLIS07::VISSERS | N..N..NOTorious! | Wed Oct 21 1987 15:57 | 12 |
| :-):-)Meatball probably has a complex now his friends brought home
a prey *that* size....Might even be a suggestion ;-)
Seriously, I believe a cat takes great pride in good hunting (they're
made that way in nearly all aspects). They'll think of *any* way
possible to silence that bells. Never underestimate a cat!
But I'd try the bells. It's the only way I can think of. See the
difference between human and cat? ;-)
Ad
|
847.12 | SPCA/HUMANE SOCIETY/ VET | CIVIC::WINBERG | | Wed Oct 21 1987 17:44 | 7 |
| Try talking with your local Humane Society, SPCA, and/or Police
Animal Control people. I've found them MOST helpful in this kind
of situation.
And, if you'll contact me directly, I'll look for an article that
appeared in the paper telling about someone in N.H. who goes to
bat in situations such as yours.
|
847.13 | Talk to the Trustees | AQUA::GOLDMAN | Matt Goldman | Wed Oct 21 1987 23:08 | 30 |
| Not to be a devil's advocate, but ...
I am a trustee for a condominium association and it is pretty standard to have
a clause like "if the trustees or a majority of the unit owners deem that
another unit owner has caused or brought to cause a public nuisance, then that
unit owner will be required to stop all such nuisance or face [the standard
penalty, etc]". "Nuisance" is deliberately vague! And a nuisance to one is
not a nuisance to another.
Now back to a solution ...
Using a lawyer at this point is a bit overboard. The best thing to do is to
talk to a trustee or go to the next trustees meeting. The trustees are not The
Almighty by any means; they're human like the rest. Find out the *specific*
charges from them and have *them* point you to the section of the Master Deed,
Bylaws, Rules, etc. that *allegedly* says you're in violation. Let them listen
to your point of view ... I've been swayed several times since I've been a
trustee.
It's very important that you be calm about this since your attitude may affect
the outcome.
Did you know that in most cases a simple majority of the unit owner's can
override a decision of the board of trustees? Remember that the board is bound
to act as a benefit for the association. You may need to drum up support from
other pet lovers in your asssociation.
Also, are you positive it's your neighbor and not others?
A little bit of communication works wonders.
|
847.14 | | WBA::DALEY | | Fri Oct 23 1987 13:51 | 17 |
|
Just a thought - would the neightbor who is complaining by any chance
have bird feeder around his/her condo - or on the window - or a bird
bath. Maybe this neighbor is upset only if your cat catches "birds".
(i.e., maybe you have a bird-watcher next door.)
I agree with you Wendy, I would be happy if he kept the rodent
population down, but maybe it's not the "rodent-catch" which is bothering
the person, maybe it is the "bird-catch."
Perhaps a discussion with this person might shed light on the problem,
and then perhaps it can be worked out.
I hope so.
|
847.15 | It's worth a try.... | OASIS2::WLIBBY | Taking one day at a time | Fri Oct 30 1987 12:12 | 7 |
| Thank you all for your suggestions. The condo association is having
their annual meeting on Sunday November 1st. I plan to bring up
the subject of my cat and see if they can make an exception to the
rule. The hardest part will be keeping my "cool" as this is a very
emotional issue for me.
Wish me luck!
|
847.16 | | CIRCUS::KOLLING | Karen, Sweetie, Holly; in Calif. | Fri Oct 30 1987 13:46 | 5 |
| You might have better luck talking to the people involved in private
before the meeting. People are more flexible in private than public,
I think, and I suspect you'd have a better chance of finding out
what's really bothering which of your neighbors.
|
847.17 | Bells | CSC32::JOHNS | Yes, I *am* pregnant :-) | Wed Nov 04 1987 19:53 | 10 |
| Ditto on that last suggestion: talk to them in private.
As for bells, I would suggest you go with the suggestion of several.
My cats each have one bell (I never thought of more) which I put
on them when my neighbors (who are wonderful, and adore my cats)
asked me to. I did not expect them to work, and I was right. They
quite commonly catch mice, and Tyler came home with a (very live
and unharmed) woodpecker the other day.
Carol :-}
|
847.18 | | CIRCUS::KOLLING | Karen, Sweetie, Holly; in Calif. | Wed Nov 04 1987 20:13 | 2 |
| So, Sunday has come and gone. What happened?
|