ANIMALS & Pets
Common interest communities frequently ask about regulating emotional support animals and pets.
Federal law prohibits discrimination on the basis of a disability and requires accommodation of assistive animals which may require REASONABLE exceptions to governance that otherwise prohibits animals within a common interest community. This includes Emotional Support Animals (ESAs).
# of PETS: Specify limitations on the number of pets per unit in the declaration
ensure you have the appropriate authority to establish rules (see example declaration language below)
EXAMPLE: objective and specific pet restrictions based on reasonable standards
N.B. The size and breed of a particular dog are likely immaterial to dog-related nuisances such as barking, where they go to the bathroom, etc.
Do you have a dedicated, attended pet weigh station at every entrance?! (we know the answer...)
Do not establish rules based on the weight of any object that cannot be readily measured on paper or from a distance
Example Declaration Language: Animals & Pets
No animals shall be raised, bred or kept in any Unit, except in strict accordance with the Rules and Regulations relating to household pets from time to time adopted or approved by the Board of Directors, and provided that they shall not in the judgment of the Board of Directors constitute a nuisance to others.
Animals may not be kept for any commercial purposes.
After Notice and an Opportunity to be Heard, the Board may require the removal of any animal that it finds is a nuisance or is disturbing other residents, even though the Board may allow other animals to remain in the Condominium.
In addition, the Board may adopt rules and regulations prohibiting Pets over a particular size or weight, or Pets wholly or partially of breeds which the Board deems inappropriate for condominium living.
Owners are responsible for any damage to person or property caused by the Pet of any Residential User or Commercial User that they invite into the Condominium and shall indemnify and hold the Association and the Board harmless from any and all liability arising from or caused by the Animal.
The Association may establish reasonable fees associated with costs incurred by the Association related to animals within the Condominium.
ESA + ANIMAL & PET RESOURCES
Animal Accommodation Laws - Paws Opening Doors
Service & Companion Animals Thread - Community Associations Network
Who's Right and What's Fair - April '19