How do you establish good rules that pet lovers can live with? What does the Fair Housing Act say about making accommodations for an assistance animal? Is a dog park a good thing? How realistic is it to enforce pet rules when some pets are grandfathered? How can you ensure your common areas are free of poo even if residents don’t pick up after their pets?
Benefit from the combined wisdom of community association leaders and experts on all aspects of living happily with pets—and their owners—in homeowner and condominium communities. This collection of in depth articles
from CAI periodicals answers these questions and more.
Also includes a sampling of court cases illustrating various legal opinions about pet regulations.
CONTENTS
Pet Rules
A Board’s Best Friend?
In a common-interest community, dog and non-dog lovers need to co-exist—sometimes in close proximity. How can you control pet problems? Or, more accurately, how can you control problems caused by pet owners?
Keep the Fur from Flying
Given the level of emotional attachment residents have to their pets, is it any wonder that pets are part of the holy trinity of P’s—along with pools and parking—that plague community associations every-where? It’s not a case of being pet-friendly. You need to be pet-aware.
Canine Conundrum
My condominium association has several pooper-scooper stations, and we constantly predict pestilence and plague in association newsletter articles about unscooped poop. But, as any manager knows, it’s nearly impossible to enforce these rules.
The Case of the Doggie Dilemma
As pet issues began to split a community, the two sides could only agree on one thing: that the board must make an immediate decision. Can the board resolve the doggie dilemma? CAI members respond with creative solutions.
Dangerous Dogs
When is a dog dangerous? Finding common ground between two highly charged and opposed opinions.
Hotly Contested
Riverbend at Leisure World Condominium, in Landsdowne, Virginia, was having a dog problem. A dog show ended up mending fences.
Fair or Fowl?
Does the term “other household pets” in the CC&Rs include chickens?
The Fair Housing Act
Prescription Pets
Homeowners are increasingly providing doctors’ notes as they seek waivers of their associations’ no-pet rules. When is a pet a medical necessity under the law?
All’s Fair
The job of educating community associations and their attendant professionals about the requirements of the FHAA, particularly as they relate to disabled residents and pets, remains unfinished.
No Pets...No Problem?
A Florida lawyer gives advice—alarmingly—to newspaper readers about using the Fair Housing Amendments Act solely to get around pet-restriction rules.
A Remedy, Not a Pet
How do you verify a resident’s request to keep an animal and still preserve your community’s no-pet rule?
Dog Parks
A Place to Run and Play
Before you can create an idyllic place for playing and socializing, you have to consider the practicalities.
Dog Park Creates Safe Haven for Pets
The Hunter’s Creek planned community decided to become “a little doggone friendlier,” so it created a 100- by 150-foot fenced-in area specifically for dogs.
Grandfathering
Take Your Time
The board is considering a rule prohibiting pets. Should the rule take effect immediately or allow pet owners to keep their pets for the remainder of the animals’ life?
One Poodle, Two Poodle
Forget about cloning. A Florida condominium resident replaced her deceased poodle Teddy four days after he died with Teddy II—a look-alike.
COURT CASES
Amendments to CC&Rs Enforceable to Same Extent as Original CC&Rs, California 2002
Rule Prohibiting Homeowners from Walking Pets on Common Areas Is Invalid, New York 2010
HUD Sues Association for Violating Fair Housing Act, Utah 2011
Board Has Authority to Adopt Rules Based On Broad Intent of Declaration, Connecticut 2006
Allowing Pets in a No-Pet Community Is a Reasonable Accommodation, California 2004
No-Pet Policy Does Not Violate State or Federal Fair Housing Acts, Florida 2009
Court Refuses to Award Damages to Association for a Violation of Two-Pet Rule, Pennsylvania 2009
Condominium Association Has Right to Ban Dogs, Connecticut 2008
Dog Owner Must Be Aware of Dog’s Vicious Nature to Be Held Liable, Michigan 2002