5 Steps For the Condo Owner Who Says Pet Rules Are Disgusting!
J.B. (New York) asks: “Kay, are there any pet rules for condominiums? Both of my neighbors have dogs. They are constantly making messes in my front yard and I’m disgusted. I’m the one cleaning them up!”
Dear J.B.: Frequently the list of problems in condominiums has pets at the top. Even though they can be lovely companions, sometimes they are not welcome in the confines of a condominium property. Even when the residents read the condo’s Declaration and Rules, they may disregard them.
The condominium’s governing documents can help!
The Declaration of Condominium Ownership—There usually is a section on animals. That section should enumerate which ones are permitted and which are not. The number of animals and their weight restrictions for each condo unit should be there.
The Amendments to the Condominium’s Declaration—Amendments are changes to restrictions in a portion(s) of the Declaration. The pet portion may be nullified or changed by a Pet Amendment.
Check the Condominium’s Rules—Rules add details to the restrictions in the condominium’s Declaration and Amendments. For example, the Declaration may not address the issue of pet soiling at all, but the Rules may state that owners must immediately clean up after them. Other examples could be the requirements for walking pets, the repair of their damage, and pet housing.
Pet soiling may be included in these condominium documents, but you may discover that the board of directors is not enforcing them.
When buying a condominium unit, it is a must that you read these documents very carefully. The seller might not have a pet and may say they’re allowed, without really knowing for sure!
You can take action!
The date, time, which resident’s pet did the problem, and the nature of the problem are vital information you should keep in a log. Most importantly, if you don’t include the address of the unit in which the dog lives, the board and/or management company will have no idea who is committing the violation.
Your condo’s board of directors or management company needs to be made aware of each occurrence. Include a copy of your log with your report.
Rules about animals may be part of your community’s local codes. The board or condominium’s managing agent may not have to be involved by giving the problem to that government entity.
A pet soiling rule can be created by the condo’s board of directors, if one doesn’t exist.
Request that the board consistently enforce the rule if it does exist.
Actions the condominium board of directors can take!
Your board may have the authority to approve or disapprove pets.
Certain types of pets may be prohibited in the rules of the condominium’s Declaration.
When the residents complain, letters and fines may be levied against the violating unit owners.
The condominium’s board of directors can initiate an Amendment to the Declaration that would ban pets or a specific type of pet. The proposed Amendment may need to be approved by the owners and filed at the appropriate government records office.
Permanent removal of a pet from the condominium property is usually permitted by most Declarations when it is determined that the pet is dangerous or the pet’s owner continues to disobey the pet restrictions and rules.
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