Pet Policies and Laws for Condo Owners | What to Know
Pets and Condo Law
In recent years, the condo community has been impacted by the rising popularity and acceptance of pet-friendly culture in modern-day America. The Washington Post recently reported that roughly 75% of Americans in their 30s own a dog and more than 50% of that same group own a cat. These statistics are expected to grow with the rise of pet-friendly workplaces, restaurants, travel, and housing.
44% of millennials — the generation that is most likely to currently be renting or start renting in the near future — report considering their pets to be like children or family to them, a movement Ad Week suggests is a big opportunity for brands. Additionally, with the rise of mental health awareness, more places are allowing pets for the simple fact that so many people have been registering their pets as emotional support animals (ESAs) and now have the legal ability to potentially fight discrimination against their pets.
Do Condos Allow Dogs?
Condo and HOA policies regarding pets vary. While many condos and HOAs 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 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.
View our quick infographic or jump to the article now.
Are the Rules Clear?
The rules pertaining to pets in condos are found in the declaration of trust, bylaws, or rules and regulations (the “Condominium Documents”) for that condo property. Typically, these documents are made available to potential condo purchasers before they buy into the condominium. However, a condo association’s Condominium Documents are not always clear, easy to understand, and are subject to change over time. The experienced condominium law attorneys at Calabrese Law Associates in Boston and Burlington Massachusetts can assist you with understanding these Condominium Documents.
Most of the disputes involving pets in condominiums concern changes in Condominium Documents that are not clear or could have multiple meanings. The lawyers at Calabrese Law Associates also help condominium boards avoid this issue in the first place by preparing concise and clear rules to govern unit owner conduct. Need help today? Contact Calabrese Law Associates for answers.
Can a Condo Association Set a Size Limitation on Dogs?
Yes, a condo association is allowed to set size limitations on dogs and other animals. It’s recommended to only set weight limits for condo owners on higher-level floors due to the lack of effective soundproofing qualities of those levels.
Confusion About Service Animals and Emotional Support Animals
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 and emotional support animals. Over the last few decades, the general public has become more aware of the important role played by emotional support animals. About 20 percent of millennials suffer from depression, so they tend to be more aware of this issue and tend to own pets more than in past generations. However, there are some limitations to what qualifies as an emotional support animal. Emotional support animal “certificates” that can be downloaded online at no cost have little to no legal effect.
The condominium lawyers at Calabrese Law Associates have seen cases where the condo has a set of rules that don’t address the use of emotional support animals. Contact us today.
“Service animals” (i.e. dogs and miniature horses) are protected by Federal and State laws so condominium boards and condo unit owners alike should be familiar with that area of the law. The best way to navigate the legal issues concerning “service animals” and “emotional support 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.
Renting your Condo Unit – Include a Pet Agreement
When renting a condo unit, 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 pet policy
- Amount of deposit per pet if any is required
- Specific types of pets allowed (dogs, cats, fish) and any breeds that are prohibited
If you choose not to allow pets in your condo unit, then your pet agreement should cover service animals, as you can’t discriminate against someone with a disability. You may also need to allow emotional support animals if the tenant can produce evidence that such an animal is necessary for their health (i.e. make a reasonable accommodation). However, you can still lay out clear rules for service animals. Most service animals are well-trained, so it’s unlikely to be an issue with this type of animal. Still, it’s best to cover all angles to effectively protect your interests. Our firm’s condo law attorney can make sure your agreement is fair, and follows the law but also protects you and unit owners from liability. Talk with our lawyers today.
Rules Vary by State
Condominium law is complicated. Rules vary by location and by condominium but the Fair Housing Act (FHA) states that service animals must be allowed. The bar for proving you need such an animal is much higher than just downloading a certificate online. People must prove that they suffered from the disability and have everything documented to acquire a “service animal.” Clear rules protect HOAs and also reserve the right to service animals for those who need them.
Knowing all of this, we looked into what condo owners should know about the legalities of pet policies. The infographic will delve into the particulars of condo law on pet policies and explore the changing conversation around pets, mental health, disability and service animals that landlords may want to consider. Of course, all of this can come at the cost of your condo if the pet is destructive, so we’ll also be looking into how to handle damage, pet violations and other legal issues.
” src=”data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7″ alt=”