5 Steps for the Condo Owner Who Says Pet Rules Are Disgusting!

submitted: Aug 20th 2008 | by: KaySenay | Total views: 1 | Word Count: 539 | PDF View | Print Article

J.B. (New York) asks: "Kay, do condominiums have any pet rules? My neighbors on each side have dogs. I'm disgusted with the messes they are constantly making in my front yard. I have to clean them up!"

Dear J.B.: Pets are frequently at the top of the list of problems in condominiums. They can be lovely companions, but they are not always welcome in the confines of a condominium property. Sometimes the residents don't read the condo's Declaration and Rules or they may disregard them.

Do the condominium's governing documents help?

The Condominium's Declaration---Normally there is a section on animals. This section should tell you which ones are permitted. Weight restrictions and the approved number permitted in each condo unit may also be stated there.

Check the Condominium's Amendments---The restrictions in the Declaration can be changed by Declaration Amendments. If there is a Pet Amendment, it may nullify or change some portion of the original Declaration.

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.

When reading these condominium documents, you may discover that there are rules about pet soiling and the board of directors is not enforcing them.

If you are buying a condominium unit, read these documents very carefully. The seller might not have a pet and may say they're allowed, without really knowing for sure!

Actions you can take!

Keep a log of all the nuisance occurrences, including date, time, which resident's pet did the problem, and the nature of the problem. Note that you must know the address of the unit in which the dog lives; if you don't include that in your log, the board and/or management company will have no idea who is committing the violation.

Be sure a copy of your log is included each time you report an occurrence to your condo's management company or the board of directors.

There may be an ordinance about animals in the local codes of your community. Maybe your problem can be solved without involving the condominium's managing agent or the board.

The condo's board of directors can create a rule about pet soiling, if one doesn't exist.

Request that the board consistently enforce the rule if it does exist.

The condominium board of directors can take action!

The authority to approve or disapprove pets may belong to your board.

The rules in the condominium's Declaration may state that certain types of pets are not permitted.

When the residents complain, letters and fines may be levied against the violating unit owners.

An Amendment to ban pets or specific pets can be initiated by the condominium's board of directors. Approval of the proposed Amendment may be needed from the owners. When passed, it must be filed at the appropriate government records office.

Most Declarations give the board the authority to have a pet permanently removed from the condominium property if it is determined to be dangerous or the pet's owner continues to disobey the pet restrictions and rules.

About the Author

ABOUT THE AUTHOR: Kay Senay is a consumer advocate and a syndicated columnist. She empowers buyers and owners with the answers they need to solve the problems of condominium living. Get FREE TIP SHEETS, books, and more articles at pet rules


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