Dear J.B.: Frequently the list of problems in condominiums has pets at the top. Even though they can be lovely companions, sometimes they are not welcome in the confines of a condominium property. Even when the residents read the condo's Declaration and Rules, they may disregard them.



Do the condominium's governing documents help?

The Condominium's Declaration---Normally there is a section on animals. This section should tell you which ones are permitted. Weight restrictions and the approved number permitted in each condo unit may also be stated there.

Check the Condominium's Amendments---The restrictions in the Declaration can be changed by Declaration Amendments. If there is a Pet Amendment, it may nullify or change some portion of the original Declaration.

Check the Condominium's Rules---Restrictions in the condominium's Declaration and Amendments may need more details, called Rules. For example, the issue of pet soiling may not be addressed at all in the Declaration, but the Rules may state that owners must immediately clean up after them. Other requirements could be for walking pets, the repair of their damage, and pet housing.

You may discover, when reading these condominium documents, that there are rules about pet soiling and the board of directors is not enforcing them.

If you are buying a condominium unit, read these documents very carefully. The seller might not have a pet and may say they're allowed, without really knowing for sure!

Your call to action!

The date, time, which resident's pet did the problem, and the nature of the problem are vital information you should keep in a log. Most importantly, if you don't include the address of the unit in which the dog lives, the board and/or management company will have no idea who is committing the violation.

Your condo's board of directors or management company needs to be made aware of each occurrence. Include a copy of your log with your report.

Check local codes; there may be an ordinance about animals. The government entity may be able to solve your problem without involving the condominium's managing agent or the board.

Ask the condo's board of directors to create a rule about pet soiling, if one doesn't exist.

Request that the board consistently enforce the rule if it does exist.

Actions the condominium board of directors can take!

Pets may be approved or disapproved by authority of your board.

The rules in the condominium's Declaration may state that certain types of pets are not permitted.

The board may send letters to or institute fines against the violating unit owners based on the written complaints of residents.

An Amendment to the Declaration that would ban pets or a specific type of pet can be initiated by the condominium's board of directors. Approval by the owners may be required to pass the proposed Amendment. It would also need filed at the appropriate government records office.

Most Declarations give the board the authority to have a pet permanently removed from the condominium property if it is determined to be dangerous or the pet's owner continues to disobey the pet restrictions and rules.