Cooperative & Homeowners Association Law Firm

Paws for Thought

Community association Board members may squawk at the idea of allowing pets in their no-pet community, or at making communities more pet-friendly, but instituting such changes should not necessarily be a concern.

Rather, Boards may want to consider implementing changes to their pet policies to accommodate the growing population of pet owners. In keeping with this trend, many community associations are creating amenities for pets, as well as imposing reasonable and workable restrictions on pets and their owners.

According to a study performed by American Pet Products Association for 2017-2018, the number of pet owners in the United States is increasing rapidly.

It is estimated that 84.6 million people in this country currently own pets. Moreover, as millennials delay marriage and having children, they are instead adding pets to their family. It is significant to note that seventy-three percent (73%) of millennials currently own a pet, according to the American Pet Products Association. A Realtor.com survey showed that seventy-nine percent (79%) of the pet-owning millennial population that purchased a home in 2018 said they would pass up an otherwise perfect home if it didn’t meet the needs of their pets (https://www.cnbc.com/2018/08/31/millennials-put-pets-first-when-buying-a-home.html). Based on these statistics, it may benefit communities to embrace pets and their owners, rather than to fight against this tide.

Once a Board decides to allow pets, or to make the community more pet-friendly, it should consider providing facilities to accommodate pets and pet owners.

Many community associations across the nation are installing dog parks or dog runs. These amenities allow owners to mingle and connect with each other, while their dogs get exercise and socialization (all which make for happier, quieter dogs). When deciding whether to build a dog park, Boards have many decisions to make, including whether to separate big dogs from small dogs, or to create different time schedules for big and small dogs so that they can play safely; the placement of the park away from homes so that any noise will not disturb residents; durability and longevity of material used in the creation of the park; having a nearby water supply to provide drinks for the dogs, and to help with cleanup; waste management; and the comfort of dog owners.

Some community associations are also allowing pet daycare services to rent space in the community, which assists pet owners who work long hours in caring for their pet’s needs.

This service could help reduce the issues that arise with particularly chatty and disruptive pets as a result of them being cooped up inside all day.

Boards should consider implementing rules in the communities that balance pet owners’ needs with the goal of maintaining a safe, clean and quiet environment for everyone.

When implementing rules, community associations should focus on the pets’ and owners’ behavior, rather than on the size or specific breed of pet. Any dog, whether it is big, small, pit bull or toy poodle, can have undesirable or dangerous behavior. A Board may require that a homeowner take his or her misbehaving pet to complete a basic obedience training program. Boards may require pets to be supervised at all times when outside, and that they be kept on a leash in common areas. Boards may also require owners to comply with all state and local vaccination/registration requirements, and to provide proof of the same.

Boards should also provide facilities that encourage compliance with the rules.

For example, Boards should provide accessible disposable bag stations throughout the community with receptacles for the owners to use in cleaning up after their pets. Boards should clearly post signs indicating the places pets can be walked in the community. With regard to rule violations, Boards should have a conversation with the offenders, or write to them informally, before threatening to remove their pet, and should allow a reasonable timeframe for the owner to cure the pet’s behavior. Involve the local authorities in the event that any pet poses a danger to anyone. Remember, people often consider pets to be part of the family, so the issue of rules and rule violations should be handled delicately whenever possible.

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