Creating a pet policy for a condominium, homeowners (HOA), or townhome community association involves balancing the needs of pet owners with the rights and expectations of all residents.
Here are eleven considerations that can help board members and community leaders create a fair and comprehensive pet policy.
- Number of pets allowed: Specify the maximum number of pets allowed per unit to prevent overcrowding and ensure a comfortable environment for all residents.
- Pet type and size restrictions: Define what types of pets are allowed (e.g., dogs, cats, birds) in the association along with size and/or breed restrictions.
- Pet registration and identification: Communities may require pet owners to register their pets with the association, providing details such as the pet’s name, breed, and size. This helps in managing pets within the community and can assist in their return if a pet gets lost.
- Leash requirements: Implement leash laws within association common areas, reducing the risk of accidents or confrontations with other residents and pets.
- Waste disposal: Clearly outline pet waste disposal rules. This may include rules requiring owners to immediately clean up after their pets in all areas of the property. Associations may also consider providing waste stations with bags and trash cans to encourage compliance.
- Noise control: Address excessive noise, such as barking or squawking, which can disturb neighbors. Set clear expectations and potential consequences for noise violations.
- Pet-free zones: Designate certain areas of the community as pet-free zones. This may include association swimming pools, fitness centers, and children’s play areas.
- Liability and insurance: Some community associations require pet owners to carry liability insurance in the event their pet injures another person, injures another pet, or causes property damage. This insurance can help protect both the pet owner and the association.
- Behavioral requirements: Establish rules concerning aggressive behavior. Pets that display dangerous behavior may be required to be removed from the property to ensure the safety of all association residents.
- Farm animal restrictions: Generally, community associations are more common in residential areas where farm animals might not be allowed due to space, zoning regulations, health hazards, and concerns over noise or odors. Associations may include restrictions on certain types of farm animals including chickens, ducks, goats, and pigs.
- Grandfather clause: For existing association residents with pets that do not meet the community’s new rules (ex. breed or size restrictions), consider including a grandfather clause that allows these pets but enforces the rules for any new pets residents may acquire.
Emotional support and service animals
As a growing number of association residents become pet owners, it’s likely that some may have an emotional support animal (ESA) or a service animal. There are various federal laws, state laws, and local ordinances related to support and service animals. For example:
- Support animals within associations or rental properties are governed by the Fair Housing Act (FHA).
- In some states, emotional support animals are seen as an exception to any pet restrictions imposed by an association’s governing documents.
- There may be local and/or state ordinances restricting farm animals from being kept within city limits.
- Accommodation requests for assistance animals can involve a review of medical documentation involving a disability and/or treatment in conjunction with review of the association’s governing documents. Due to the sensitivity and potentially complex legal nature of these requests, board members should consult with the association’s attorney to ensure that the community is in compliance with applicable laws in granting or denying such requests.
In addition, the association’s legal counsel should be involved in:
- Reviewing the community association’s governing documents to determine whether they comply with applicable laws
- Drafting and/or revising any amendments to the association’s governing documents
Legal resource
Association pet policies vary widely depending on the community’s size, location, and specific rules. It’s important for board members, community leaders, and property managers to communicate pet rules and regulations clearly and consistently. Associations must also be prepared to enforce a pet policy fairly and impartially, avoiding bias or favoritism.
These considerations can help create a balanced and enforceable pet policy that respects the rights of pet owners while ensuring the comfort and safety of association residents.
Do not hesitate to contact our law firm if KSN can assist your community association in drafting or revising a pet policy, owner disputes, and other legal concerns. Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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