In recent years, the condo community has been impacted by the rising popularity and acceptance of pet-friendly culture in modern-day America. Roughly 45.5% of American households have a dog, and 32.1% own a cat. These statistics are expected to grow with the rise of pet-friendly workplaces, restaurants, travel options, and housing.
While some condos prohibit pet ownership, people who register their pets as service animals or assistance animals have the legal ability to potentially fight for pets in condominiums.
Do Condos Allow Dogs and Other Pets?
Condo policies for pets are rules set by associations to regulate the care and ownership of animals within a shared community. These policies aim to balance pet owners’ rights with the comfort, safety, and property interests of all residents. Condominium owners association (COA) policies regarding pets vary. While many condos allow dogs and are pet-friendly, others have strict rules in place. To ensure you and your four-legged friend are welcomed with open arms, consider these tips:
- Review the governing documents before renting or purchasing a condo.
- Confirm the condo’s pet policy and any associated fees.
- Understand leash rules and designated pet areas.
- Communicate openly with neighbors and the condo association to avoid disputes.
The rules pertaining to pets in condos are found in the declaration of trust, bylaws, or rules and regulations in the Condominium Documents for that condo property. Typically, these documents are made available to potential condo renters or purchasers before they buy into the condominium. However, Condominium Documents are not always clear or easy to understand and are subject to change over time. Most of the disputes involving pets in condominiums concern changes in the Condominium Documents that are not clear or could have multiple meanings.
Pet Agreements
You should sign a pet policy agreement if the Condominium Documents do not address this issue. A pet agreement might include details such as:
- How many pets are allowed per unit.
- Any weight limits for pets.
- Common courtesies, such as cleaning up after pets.
- Fines levied for breaking the pet policy.
- The required deposit per pet, if any.
- Specific types of pets allowed and any breeds that are prohibited.
Common Restrictions and Requirements
A COA is allowed to set breed or size limitations on dogs and other animals. Weight limits may apply to condo owners on higher-level floors due to those floors’ lack of effective soundproofing qualities. Other common restrictions include:
- Number of pets: Many communities allow one or two pets per unit to prevent noise, odor, or overpopulation.
- Registration requirements: Pet owners may need to register animals with the association, provide proof of vaccinations, and submit a photo.
- Leash and waste: Associations typically require pets to be leashed in common areas and mandate owners to clean up waste immediately.
- Quiet enjoyment clauses: Persistent barking or aggressive behavior can result in fines or removal proceedings under nuisance rules.
Service Animals and Assistance Animals
Over the last few decades, the general public has become more aware of the important role played by service animals and assistance animals. Pet restrictions may not apply to these animals.
Service animals are defined under the Americans with Disabilities Act (ADA) and include dogs trained to perform specific tasks for people with disabilities. These animals are not considered pets and cannot be restricted by pet policies.
Assistance animals can refer to support animals, emotional support animals, therapy animals, and companion animals. Assistance animals are not trained to perform tasks, but they offer comfort related to a mental health condition. While not covered under the ADA, they are protected under the Fair Housing Act (FHA), which requires associations to make reasonable accommodations in no-pet buildings or policies. Like service animals, assistance animals are not considered pets.
Tenant Rights and Responsibilities
The United States Department of Housing and Urban Development (HUD) offers legal guidance directly relevant to service and assistance animals. These may include:
- Keeping an animal that meets established rules.
- Requesting reasonable accommodation for a service or support animal.
- Due process before being penalized or forced to remove a service or assistance animal.
COAs that do not allow pets must allow service animals. COAs may also need to allow assistance animals if the tenant can produce evidence that such an animal is necessary for their health. However, associations can still lay out clear rules for these animals. Most service animals and assistance animals are well-trained, so issues are unlikely. Still, it’s best to cover all angles.
Recommended Resolution Steps
What if a resident claims a neighbor’s dog barks all day long, interfering with their ability to work from home? Or a landlord suddenly issues an eviction notice because a resident has a service animal? What are the right steps to resolution?
All parties should review the governing documents to ensure they understand the rules and enforcement procedures. While reporting this to the condo board is recommended for recording purposes, neighbors can also communicate with each other to try to resolve the issue without escalation. Using written mediation and warnings offers a fair chance to correct the behavior through voluntary compliance. If these steps do not work, residents can consult legal counsel.
Why Trust Us?
The best way to navigate legal issues concerning service animals and assistance animals is to work with the Massachusetts condo law attorneys at Calabrese Law Associates, who are well-versed in the ins and outs of these animal-related laws.
We ensure your calls are returned in a timely manner, which is a benefit our clients appreciate. Our top priority is achieving the best possible result for each of our clients.
In addition to condo law, our attorneys have experience in:
- Business law.
- Construction law.
- Massachusetts real estate law.
- Government and regulatory practice.
- Investment law.
- Litigation.
Our guiding principles are legal excellence, client service, and efficiency, making us a trusted source for your complex legal needs.
Resolve Pet Disputes With Calabrese Law Associates
Some of the conflicts involving pets at condos handled by the condo law attorneys at Calabrese Law Associates arise from a misunderstanding of the legal difference between service animals, assistance animals and pets. Our experienced condominium law attorneys in Boston and Burlington, Massachusetts, can assist you with understanding your Condominium Documents. We have seen cases where the condo’s rules don’t address the use of assistance animals, and our team can make sure your agreement is fair, follows the law, and protects tenants and unit owners from liability.
Need help today? Contact Calabrese Law Associates for answers.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
Linked Sources:
- https://www.avma.org/resources-tools/reports-statistics/us-pet-ownership-statistics
- https://www.ada.gov/topics/service-animals/
- https://www.justice.gov/servicemembers/service-animals-and-assistance-animals-0
- https://www.hud.gov/helping-americans/assistance-animals
- https://www.calalaw.com/reviews/
- https://www.calalaw.com/guiding-principles/
- https://www.calalaw.com/offices/boston/
- https://www.calalaw.com/offices/burlington/
- https://www.calalaw.com/contact/