North Fort Myers, FL asked in Civil Litigation for Florida

Q: What are my options when it comes to the community I live in doesn't enforce the rules they had me sign when I moved in.

Old Bridge Village is a 55+ community located in North Fort Myers Florida. I live in the pet section (Dog Patch) and am having a issue with the President of the co-op who is feeding feral cats. He is my neighbor who also lives in (Dog Patch) Our rules state "V. PETS F. Pets are not allowed to run free in any area of the Park. When outside, pets must always be leashed when not on the pet owner's fenced-in property. Stray animals and pets not on a leash may be picked up by the Lee County Animal Control Department". Lee County Animal Control is not a option available to the public is it the boards obligation to find other options to enforce this rule.

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: While I can agree with you on the issues, I must also inform you of a bedrock principle of the law that arose here:

The issue of concern to you is of no interest to most lawyers. Why? Because the law is not designed to solve every little problem that comes your way during this lifetime. The Latin phrase for this rule is "De minimus non curat lex."

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You write that "... Lee County Animal Control is not a option available to the public is it …". Are you saying that animal control will not pick up the feral cats?

No, it's not the board's obligation to do it. It appears that the rules you quote are not being broken by anybody.

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