Rules and Regulations--Pets and Condos
Besides companionship and affection, many authorities cite medical benefits, as an added feature, that animal owners can derive from living with their pets.
The Center for Disease Control (CDC) states;
“…Most households in the United States have at least one pet. Why do people have pets? There are many reasons. Some of the health benefits of pets are listed below.
Pets can decrease your:
Blood pressure
Cholesterol levels
Triglyceride levels
Feelings of loneliness
Pets can increase your:
Opportunities for exercise and outdoor activities
Opportunities for socialization
Many groups support the health benefits of pet ownership. You can learn more about the health benefits of pets and how to keep your pets healthy by visiting the following sites…”
However, many pet lovers do not live in a single family residence, but reside, or want to, in a condominium community.
They may have lost a spouse, want to downsize their living space or simply no longer wish to keep up the regular tasks associated with home ownership including lawn care, pool treatment or regular maintenance duties.
But many pet owners have discovered that most, if not all, condominium associations either totally ban or severely restrict the ability to have a pet.
Although many pet groups are attempting to change the laws in their state regarding the restriction for pets in condo communities, currently California is one of the leaders in this legislation.
In effect since January 2001, the law now provides that no governing documents shall prohibit the owner of a separate interest within a common interest development (co-op, condominium etc.) from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association. This section may not be construed to affect any other rights provided by law to an owner of a separate interest to keep a pet within the development.
A pet is defined as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.
In addition, if the association implements a rule or regulation restricting the number of pets an owner may keep, the new rule or regulation shall not apply to prohibit an owner from continuing to keep any pet that the owner currently keeps in his or her separate interest if the pet otherwise conforms with the previous rules or regulations relating to pets.
Governing documents include, but are not limited to, the conditions, covenants, and restrictions of the common interest development, and the bylaws, rules, and regulations of the association.
If you are a pet owner and considering a move into a condominium community, make sure that you carefully review the Declarations and Restrictions that govern the community as well as the Rules and Regulation of the association as they may affect your pet ownership.
You certainly do not want to enter into a purchase agreement and then find that your pet cannot move with you.
You should also check your respective state legislature for proposed or pending legislation regarding these restrictions and become involved to change the laws if you so desire.
Remember, be proactive, provide and plan for your pet’s future.
No Pet Trust In Delaware?
Although pet lovers in Delaware have been trying for over five years, the legislature has consistently failed to pass a Statutory Pet Trust in that jurisdiction.
Nevertheless, pet owners in Delaware are not out of options in the event that they want to provide estate planning for their pets.
Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer is an invaluable source and resource for all involved in the field of estate planning for animal owners. His website is full of updated information regarding this area.
A prolific author and public speaker, Dr. Beyer writes that the “traditional pet trust” is effective in all states, even those without the Statutory Pet Trust.
According to Professor Beyer,” Many pet owners will prefer the traditional pet trust because it provides the pet owner with the ability to have tremendous control over the pet’s care. For example, you may specify who manages the property (the trustee), the pet’s caregiver (the beneficiary), what type of expenses relating to the pet the trustee will pay, the type of care the animal will receive, what happens if the beneficiary can no longer care for the animal, and the disposition of the pet after the pet dies.”
If you live in a state that has not authorized a specific Statutory Pet Trust, you can still plan to provide for the care of your pets with the preparation of the correct legal documents. There are alternate methods that will be accepted and approved by the courts.
Pet sitting choices... make it personal
Time for a little getaway… a long weekend …or an extended stay overseas.
At one time or another, all pet owners are faced with a similar dilemma.
What to do with your pet while you are away. While many pet owners regularly travel with their pets, many times this is simply not possible.
Perhaps work is an interference, or there is no adequate pet friendly housing available or long plane flights are either too expensive or simply not a viable option.
When your pet is another member of the family, you need to take the time and effort to know who is responsible for your pet while you are away.
Many pet owners choose the institutional kennel or the pet hospital or facility of their vet. There is a certain amount of trust and comfort in the knowledge that a licensed professional will be available on site or close by in the case of an emergency or illness while you are away from your pet.
However, many individuals turn to a friend or a professional pet sitting service to attend to the needs of their pets in these circumstances.
Unless you know the individual responsible for the care of your pet, you need to some due diligence, before your turn over your loved one to a total stranger that may or may not have any training in the feeding and care of a strange animal.
A professional sitting service should provide you with a complete service agreement that outlines their responsibilities and your expectations, including full emergency contact information, feeding, and exercise and grooming schedules.
PetsitUSA.com provides a beginning list for you to review for your pet sitter. They suggest that you observe your pets’ reactions to the pet sitter as you need to be comfortable with whoever comes into your home to care for them. You can see the full list of suggestions here.
The person that you hire, whether an individual or a member of a professional staff, will be working in your home and taking car of your pet while you are not there.
Few decisions that you make will be more personal or important to you.
Choose carefully.
Estate planning for your Pet...when to begin?
Pet trusts, which had their beginnings in the late 1980’s, have become widely accepted in recent years. Thirty-nine states and the District of Columbia have specific Pet Trust statutes on their books and there are other forms of documentation that can be prepared to provide for your pets in those states without Pet Statutes.
If you die without making advanced and sufficient plans for your pets, they will probably end up in a shelter and eventually euthanized.
According to the Human Society of the United States, HSUS, some 6 to 8 million cats and dogs will enter a shelter this year and nearly half of that number or 3 to 6 million will be euthanized.
As many as 25 percent of families with a pet have provided for their animals through wills or trusts, said Sara Amundson, executive director with the Humane Society Legislative Fund. "People really consider pets as members of their family," she said.
When should you begin your planning for your pet trust or the use of a will to determine your pet’s future care?
Owners should start thinking about establishing a trust "the minute" they acquire an animal, recommended Kim Bressant-Kibwe, trusts and estates counsel with American Society for the Prevention of Cruelty to Animals Bressant-Kibwe. ASPCA,
"Life isn't guaranteed to any one of us," she said. "People are particularly interested in pet trusts because they reach beyond the grave."
"Pick the right person and hope that when the time comes that they'll have enough integrity to follow your wishes," Bressant-Kibwe said. "Leaving a little money for them sweetens the deal."
Estate planning for your business, your family and your pets is essential because none of us knows what tomorrow may bring. We make plans to try to minimize the uncertainty, reduce the stress, eliminate the chaos and ease the fear of sudden life changing events.
Estate planning for your business, your family and your pets should begin today.
