Condo Rules For Pet Owners
Do you have good examples of Condo Pet Policies or Rules that you could send to me? We are in the process of revising our condo pet rules, as we have had a number of complaints and some of our rules seem to be somewhat vague. Thanks.
Cathy
Cathy, I do not have enough information to provide specifics for your particular condominium and you would obviously need your counsel to prepare any amendments.
Nevertheless, here are some generic condominium rules for pets.
The maintenance, keeping, boarding and/or raising of animals, livestock or poultry of any kind, regardless of number, shall be and is hereby prohibited within any condominium unit or Common Elements, except that this shall not prohibit the keeping of small dogs, cats, and/or caged birds as domestic pets, provided they are not maintained, kept or bred for commercial purposes and provided further that the keeping of small dogs, cats and/or caged birds will not constitute such type of noxious or offensive activity.
All pets shall be kept leashed and under the control of their owner whenever they are outside the unit, and shall not be allowed to run free or unleashed at any time, or to otherwise interfere with the rights, comfort or convenience of other residents.
Dogs may only be walked in the following areas: wherever this particular condo community decides; ex: the grassy area along the fence by City Blvd. and Town
Terrace.
Dogs may not be walked on grassy areas near your neighbors' units, and must be cleaned up after.
Pets must be vaccinated and kept in accordance with the County Health Department laws and regulations.
Owners are responsible for all damages caused by their pets to common areas and to the property of others.
Consult with you association counsel and you can accomplish your new goals.
Condo Owner has Pet Issues
We recently received the following inquiry;
Question . .. I reside in a condo that never inforced the rule regarding no pets allowed over 30 lbs. Recently the Association has singled out a few individuals with dogs exceeding the limit. However others with dogs over 30 lbs. are not being harrassed by receiving fines monthly. Is this legal for them to do this. Do those that are being singled out have any rights that protect them?
Sincerely Sandra, Grossmont Village Blues
Sandra, I do not have enough information to answer your question directly and it does depend upon the state where you reside.
However, generally the Condominium Covenants, Restrictions and Conditions or even the Rules and Regulations set out the specific rules for pet ownership.
Pet rules must not be unreasonable, cannot be arbitrarily or unfairly enforced and must be aproved and in place according to the correct procedures and processes.
Certainly, most courts have held that a total outright ban on pets is not an unreasonable rule.
Your question would focus on the unfair or arbitrary selective enforcement of a rule.
The Board or their appointed manager can not chose which rules to enforce or which owners to single out as a violator of those rules.
Rules that are changed to be applied retroactively also may be challenged by the owner.
Citizens for Pets in Condos is a site devoted entirely to this issue. You may want to check them out for some guidelines.
We wrote here about being proactive before you sign a lease or buy a property if you are concerned about your pets.
If you are already living in a place and the rules change, you may have legal recourse.
Finally, you need to speak with an attorney in the area where you reside for advice and assistance.
