Owner of Dog and apartment in an eigenturm

Family, Education, Health and Pets
1
Hi All,

We have lived in our Apartment since 2010 and bought it in 2011. Some brothers bought 4 other flats in 2011 in our building and are now trying to change the house rules to no animals. We are not the only dog owners in the building but the others are renters. Does anyone have any ideas or advice how we can challenge them?

It is down to the fact that I do not agree with some of their antics and I do not take things lying down. Does anyone have any experience in this? We are in Basel-Stadt.

Kind regards Rhona

2
The joys of owning property in CH, not sure why anybody bothers seems, looked into it & ran a mile.

3
First, have a careful read of the building or association by-laws. The process to change the by-laws should be defined; it is this framework you need to understand.

For instance, I live in a house not a flat, but the house is part of to a group of houses that form a Quartier and so there are rules and regs that limit my use of my property. Common assets, exteriors, use of our properties are regulated by a Quartier 'consititution' - or whatever it is - written when the houses were built. This defines what regulations need a unanimous approval to change, and what only requires a simple majority. One property = one vote, so he who owns the most property wins. Renters do not get to vote, only property owners. But that's my Quartierplan - YMMV. You need to understand the legal framework around changing the building rules.

(If the other dog owners are renters whose voice does not count, contact the owners of those flats - they have a vested interest in the status quo, as banning dogs would likely mean that their tennants would move out, representing a financial loss to the owners.)

I've had to deal with the antics of a dog-hating neighbor. For what it's worth, here is what I have done:

First: Be a shining example of responsible dog ownership. Be respectful of others at all time, always keep your dog leashed in common areas, clean up after your dog and all others, observe offical quiet hours scrupuously, keep your dog as quiet as possible even during the times everyday noise is allowed, enroll in regular training classes so as to have proof proof that you are acting responsibly - in short: never, ever give anyone in the building cause for complaint. This is your best weapon in the war of hearts and minds.

Second: In most other disputes I would counsel compromise and 'good neighborliness' to preserve harmony - but this is an exception. Gloves off. Seek legal counsel, and be prepared to fund the expense. Many folks will back off at the prospect of a potentially expensive legal wrangle.

If either of the above are not possible, put your flat on the market and move.

Because even if you win the official battle you still have to live with dog haters who have the unofficial means to make your life - and your dog's - a misery.

I hope a solution can be found, and wish you all the best.

4
Thank you Meloncollie. Hopefully it will not come to Lawyers but i know that it may have. I will get my husband to search the Hausordnung information. Thankfully we have a unique rule where all owners have equal say. I have scientific data to present at the meeting and will try and argue on that point. I have a feeling it may be an expensive year, but, our wee lass is worth every penny.

5
What are their issues with the dog(s)?

I have heard of situations where dog friendly places have gone the other way but the current remaining tenants/owners are allowed to remain, but no new dogs, or new tenants are allowed dogs. So, if thats the case, then no immediate issue, just when and if you want another dog later.

I have similar neighbours myself, who hate dogs, apparently such an agreement was made in the house before I moved in due to previous tenants animals. But, such is the price of the place, location, and number of months the place was vacant, the landlord accepted the dog owner (me) and reduced the rent just to fill the place.

Sure, I have to put up with a number of issues because of the resentment towards the dog, but this has mainly aided in alienating this couple from the rest of the house as they look mentally unstable, whilst observing exemplary dog ownership behaviour giving them nothing to complain about. They still do of course, they make stuff up, but it's easily proven as lies, as they're not that smart about it. Like complaining about noise and being offleash when we are not in the country.

None the less, not fun, and as mentioned earlier by someone else, one of the ridiculous things that make living here seem pathetic to some other places. Dictating what you can do in the place you own.

6
It can be much cheaper than renting - especially when looking for a bigger place for a family...we would probably pay 4x what we pay for our mortgage each month in rent for a similar place - if we could even find one...

7
When interest rates are 7%, prices fall 40% & you get a cash call from your bank for 200,000 CHF you may change your tune.

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Nutbat, I wonder if the Hauseigentümerverband Baselland might be of help?

http://www.hev-bl.ch/home/aktuell/

Under Rechtsberatung, there are several legal advice service contacts listed by area. This might be a good place to start with general questions as to rights of property owners.

You might consider membership... take a read through their website, see if you think they have something to offer.

Be aware, though, as you are in an owner-owner dispute - the dog hating owners might already be members. But such organizations usually stick to information about the law, not dispute resolution. You'll want to understand general cantonal law as well as the specifics of your ownership bylaws as you formulate your strategy.

(Oh how I hate it when someone moves into an area knowing full well the existing situation, be it trees, animals, children or what-have-you, and then tries after the fact to force everyone to change their lives to suit him. Why move into a building where dogs are allowed in the first place? Aaaarrrrrgggg!)

Protecting your pup is the most important issue at hand - and I wish you all the best.

9
Or you might have prepared properly and not overextended yourself...