need help to allow dogs in my association

Started by DebraB • 4 replies • 1701 views

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DebraB (Oregon)
Posts: 1

Posted:

I live in a condo that has never allowed dogs. Most of the owners here are now much older and very stodgy regarding change. Before these buildings went condo in 1979 there were families with dogs and cats living here beginning in 1945. Where do I start. Signatures on a petition? and what sort of rules ? Please help, I don't know where to start. I want a companion dog so badly and don't understand why I shouldn't have one. If I have to move, I guess I will. It seems wise to try this approach first. thank you in advance for the help...DebraB

JC3
Posts: 290

Posted:

Depending on your state, and your state of health, you may be permitted to have a companion animal. If you are disabled your chances are greater. Check your state and local laws, and your state housing laws regarding companion animals.
Even if you have "legal rights" to have a companion animal, the condo board may still refuse. If they do, determine if your state has a mediation board. Some states do.

Also, you may have to move to be able to have an animal.

This was found on the California Office of the Attorney General:

http://ag.ca.gov/civilrights/highlights.htm

On September 9, 2004, Attorney General Lockyer secured a published decision from the California Court of Appeal in Auburn Woods I Homeowners Assn. v. Fair Employment and Housing Commission. In this case, a homeowners association refused to grant an accommodation from its "no dogs" rule to a couple who required a companion animal, a dog, to treat their clinical depression. The Court of Appeal reversed the trial court that had overturned the Commission's decision holding that the homeowners association violated the Fair Employment and Housing Act by refusing to grant the request for an accommodation. This is the first case decided under California law to hold that a homeowners association may have to modify its "no dogs" rule to reasonably accommodate a person with a mental disability by allowing that person to keep a companion animal in his unit.

KrystalA (Iowa)
Posts: 60

Posted:

I would suggest talking with your neighbors to see how they feel about allowing pets. if most don't want them around I woudn't push the issue, but if you find great favortisim, then draft up a document explaining why you feel the association should allow pets, what types of pets, and why. Show the benefits of health and reduction of stress with pets for example. Then start gathering signatures.

Then, depending how your covenents are set up, approach the board with your "presentation" as to why and present the signatures - hopefully it will work out.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DebraB:
First and most important, check your covenant docs. If it does not state that 'no dogs/pets allowed', I cannot see why a change to the covenant cannot be done. To do this, you would have to hold a resident vote, and the covenant would address what percentage of residents have to agree. I also agree with Krystal's suggestion of canvassing your neighbors to get the majority's take on it. You would have a better chance if you know ahead of time what the concensus is.

Another consideration, if you are free to change or add to the covenant regarding having pets, you also want to include in the covenant, and in your presentation, text to address 'pet waste', and a directive that each resident is to pick up after their dog..., carry a bag for waste, etc. There are many postings on this site on this subject which would alert you to the concerns and responsibilities of having a dog in a community. Good Luck!

AnnaD2 (Florida)
Posts: 960

Posted:

Debra, I, too, wish you luck! Allow me to explain the situation in my condo association. When this was a "rental" property we had a very strict NO PETS rule. After we went condo, people felt as you did. The rule, as written, restricted even goldfish and canarys. So the board developed (an approved) pet rule stating: Only pets that are 100% INDOOR pets are allowed and must weigh no more than 15 pounds. It was written this way because we do not have a "dog-walk" area and people who were oppossed to pets wouldn't be bothered by big barking dogs. It worked fine for a while. Many people got cats, and birds and small caged pets. Then people started buying little dogs. The majority of owners have trained their dogs to "do their business" on specially made doggie pads. BUT others completely ignore the rule and walk their dogs on the common areas and allow the dogs to defecate and don't pick it up. Long story short--there is now the fining commitee and our lawyer involved. As I said, I wish you luck. You never know how it will turn out.

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