How To Deal With an Illegal Pet Violation | MA Condos

Condominium owners associations (COAs) declarations typically contain pet restrictions you must review carefully before acquiring the property. These rules are legally enforceable but must comply with federal and state laws.

Where your condo association’s pet rules infringe on your rights, you may negotiate with the board to find a resolution. Otherwise, you may file a complaint with state agencies like the Department of Housing and Urban Development or bring a civil action.

Common Condo Pet Violations

Living with a pet in a condo in Boston, Burlington, and elsewhere in Massachusetts can be complicated by condo rules and regulations and concerns raised by neighbors.

First, pets can often lead to nuisance complaints by neighbors claiming noise concerns. Second, some Boston area condominiums are pet-free buildings, leaving service animal and emotional support animal owners with potential difficulties living in such facilities. Third, condominium boards and associations can also fine pet owners if their animals damage the condo property or create a disturbance.

Pet owners should be aware of these pet violation issues and policies before deciding to buy or rent a condominium in Boston or elsewhere in Massachusetts.

Pet Rules in Condos

Condo association pet rules come in various forms. Here are three examples:

1. The Number of Pets

While some COAs prohibit pets altogether, others allow them, subject to restrictions on the number of pets each person or unit can keep. For example, the COA rules may state that each condo unit can host a maximum of two pets at a time. This enables the COA to deal with issues such as noise, odor, waste, and property damage.

2. The Weight and Size of Pets

COAs may also place restrictions on the weight or size of pets that are allowed in the condo. For example, the rules may state that each domestic animal must weigh a maximum of 35 pounds. Animals that exceed the weight limit may be barred from the property.

3. The Type or Breed of Pets

It’s common for condo associations to place restrictions on the type or breed of animals you can bring or keep on the property. For example, the rules may only allow certain kinds of domestic animals, such as dogs, cats and birds, while reptiles may be prohibited. Even with domesticated animals, only specified breeds may be permitted.

Although restricting pet access based on type or breed may seem discriminatory for some condo owners, it may be reasonable because it makes co-owners comfortable. However, if any special reasons justify your keeping the animal, you may try to request and exemption from your condominium association.

Besides the rules discussed, the COA may provide guidelines about how animals should be handled on the property. For instance, the rules may require the owners to put a leash on the animals or limit their freedom to defined areas in and around the condo.

Service and Emotional Support Animals

Service and emotional support animals are typically exceptions to the general pet restriction rules. Federal legislation like the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) may permit handlers to keep their animals in the condo because they technically don’t qualify as pets. However, the rules regarding service animals slightly differ from emotional support animals.

According to the ADA, service animals like dogs and miniature horses may be allowed in public facilities and accommodations, including some areas in the condo, so long as they’re trained to assist the handler in performing specific tasks. These rights were further fortified under the FHA and extended to apply to emotional support animals.

While the COA may not ask a service animal handler for documentation about their disability or request that the animal demonstrates the task they perform, the condo association may order the owner of an emotional support animal to produce documentation from a certified medical professional, like a psychologist or therapist, to prove the need to keep the animal.

Enforcement of Condo Pet Rules

The condo association is responsible for enforcing the condo pet rules and regulations. Enforcement may take various forms, such as restricting pet access to the premises, imposing fines, or taking legal action against people who break the law. However, the enforcement actions must comply with the COA rules and federal and state laws. Again, all restrictions the condo association imposes should be reasonable and non-discriminatory.

Condo owners who are dissatisfied with the actions or rules made by their association should first voice their concerns with the association directly to make sure they’re heard and that the association is acting fairly. If a condo owner is unable to resolve their concerns directly with the association and believes the association is acting improperly, the owner may need to take things further and seek legal advice.

How to Address Condo Pet Violations

The best way to address a condo pet violation is to know your rights and take swift action if a violation is cited. Often the procedure for issuing a condo fine or violation in Boston, Burlington, and all over Massachusetts is that the condo association will notify the pet owner of the breach in writing. The pet owner will be given a limited time to cure the condition creating the violation. If the condo pet owner does not cure the condition creating the violation, they may be fined. If this fine is not paid in a timely manner, the condo association can create a lien on the condo unit to secure payment of the fine.

Contact Calabrese Law Associates With Your Condo Pet Violation Cases

When condo disputes involving pet violations arise in Boston, Burlington, and throughout Massachusetts, it’s essential to contact the experienced condo lawyers at Calabrese Law Associates as soon as possible to address the matter.

Calabrese Law Associates has years of experience helping clients in the Greater Boston area and throughout Massachusetts with their condo-related challenges. Our caring and dedicated attorneys will listen to your case and provide tailored solutions to help you achieve the best possible results.

Do you need assistance with a condo pet violation? Contact us now!