Emotional Support Animals in Condos

Dogs often bark. When an owner complains that a dog is a nuisance, the board is in a bad position. Enforcement drags on and on, with the HOA asking the complainant to document the evidence and/or a director or manager having to show up to hear the barking in person.

Doggie waste on common areas are a known problem. Too many owners do not pick up after their dogs.

Per your HOA's Declaration, what percentage of the owners must vote for an amendment for the amendment to pass?

If I were on your board, it's almost guaranteed that I would vote for the board not to do anything on this that it was not legally obligated to do. In other words, if a group wants an amendment, they have to figure out the steps to take to do so.

People bought in knowing it was a No Pet building. I say leave it alone. Anything you do will cause trouble.

Yes, first tell us the % of owners that need to approve an amendment to your CC&Rs (covenants, declaration) for it be approved. Are you on the board?

CA hasn't allowed condos to prohibit cats or dogs for more than 20 years, so "pet-friendly" has been around for a long time. Our 25 story twin tower urban condo CC&Rs state: "7.1.4 Animals. No livestock, poultry or reptiles shall be kept, maintained, or bred in any Residential Unit or elsewhere within the Project. An Owner shall not maintain or keep in its Residential Unit or other portion of the Project more than a total of two (2) dogs (provided that dogs which in the reasonable determination of the Board are determined to be a nuisance or a threat to the safety of the occupants of the Project, shall not be allowed under any circumstances in the Project) and/or cats (meaning only two (2) dogs or two (2) cats or only one (1) dog and one (1) cat) provided such animals are not kept, bred or raised for commercial purposes."

That same section also allows birds & fish to be kept inside, restricts aquariums to 30 gallons, etc., and permits the Assoc. to make rules. Rules are numerous. We have strict leash rules for cats & dogs. We have only hardscape, e.g., raised planters . We have NO problem with pet waste in them or solid waste anywhere inside or outside at our HOA. Occasionally, maybe a few times a year, they'll be some urine in the elevators, and cameras can catch violators. We could, but do not ban any breeds nor specify a size or weight limit for dogs.

We're just revising our Rules & Regulations and are adding that pets are not permitted on association furniture.

We have no problem with dogs barking as it's easily substantiated by recordings. There are no repeat violations as fines can double after every violation. $100 fine and an immediate call to hearing is our rule. Incessant, frequent dog barking has been halted with courtesy letters to owners.

Over my 14 years on the board we had one dog-bite incident in a lobby. The victim notified animal control and our PM. We fined the Ower and warned a further incident would require a muzzle. Another one could involve a ban or that the dog be crated anywhere outside its unit, (which I saw in a neighboring bldg.) The Board must have the authority to ban problem dogs.

All the surrounding high rises allow dogs and many residents have more than one in our HOA, where I'd say about 30% of owners have dogs. We have zero amenities for pets.

To consider allowing dogs, a board must make a ton of rules--search online, not here-- and, more importantly be prepared to enforce them speedily and rigorously. Both can be time-consuming.

If you're seriously thinking about this, and there's a lot of discussion in your community, take a survey of owners. If a huge number wants to permit dogs & cats, form a committee for them to research the topic and bring sample rules to the board. Let them do the work. You also would want to touch base with your HOA attorney for opinion and advice. If a large enough firm, they may have a good template for your covenants and a sample set of rules.

Sadly, for many folks, especially elders, a dog or cat is their only companion so are really important to them and for their metal health. But the safety & welfare of your community comes first. We do have a "cat cafe" a block away where people can visit several lovely cats and play with them or adopt them.

I would stick to whatever pets are legal in your area. Reptiles and amphibians and a bunch of other pets are fairly popular, and what people have is no body’s business unless its impinging on someone else.

You may want a clause that says any insurance or other expenses incurred as a result of a pet is the owner’s responsibility.

I need to repeat: In condos, if anti-barking rules are religiously and swiftly enforced, there will be NO barking problems. In our 200-Unit high rise with many dogs, a "courtesy letter" of warning has been sufficient to stop incessant or frequent barking. In 14 years on the Board, I don't recall any barking violations ever being called to a hearing.

All high rises around us have the same rules and are pet friendly. Some have grassy areas, but I have no experience with that aspect of pets.

Hadn't thought of allergies, so our new rule that pets may not be on Association furniture (we have two remodeled lobbies & 2 lounges) should help to some extent.

The very major task is amending the CC&Rs and making sufficient reasonable, enforceable rules.

EllenN,

Thank you for your time and your imput!

Any governing documents amendment requires 60% of the owners.

JohnC46,

Thank you! In deed, I already can see trouble if we adopt a "pet friendly" policy!

SheliaH,

I 100% agree with you in regards to the service animals emotional support ones! I will certainly look for the older conversations on pets!
Interesting concept the installation and upkeep fee for pets.

Thank you for your time!

KerryL1,

An amendment requires 60% of owners to vote. I am a member of the Finance Committee.

You are bringing a lot of elements that need to be considered! Your survey idea reinforces my suggestion that I made to the Board.

Thank you!

MaryP24 = class act.

ElleN,

Very kind of you🙏

Actually the dog owners in my condo community are really good about cleaning up solid waste. A previous board (all dog owners) installed pet waste stations around the community, which makes it convenient for owners to pick up the waste. The association pays for this, of course. My only real complaint is that these things don't scream "upscale community" - they're useful but not attractive.

The real issue with dogs is urine burn which can really damage lawns and bushes. There is no way to avoid this - the more dogs in the community, the more damaged the landscaping will be. I will cost the association money to repair the lawns, and it will be an ongoing maintenance cost. Unfortunately you can't impose a dog surcharge on the owners - at least according to our lawyers.

Anyone who invents a decent solution to this will have people throwing barrels of money at them. In the meantime, anyone who's really annoying by having to pay increased assessments because of pet damage needs to find a no-dog community.

That's interesting. I was thinking earlier about problems related to common area damages and how they're related to the community's "pet density" - ie., how many dogs per square foot of lawn/green space. Up to a point these areas can absorb what's being thrown at them, but over that point it will mean regular repairs and replacement of the lawn and foliage, and paying for same. Dogs in HOAs are less of an issue because, in theory anyway, the dogs can damage their owners' lawns (but in practice it's astonishing how often dogs use everyone else's property as their latrine). Yes, that was snark.

I guess in CA, if you have a serious allergy to pets of some sort, you can just forget about living in a condo. IMHO that's BS and needs some lawsuits. And since I have that kind of a mind, I enjoy contemplating what would happen if a person with a documented phobia requests a reasonable accommodation, because the only thing better than a lawsuit is a lawsuit involving Fair Housing disputes. And if I were really mean, I'd probably stroll through the lobby with my emotional support python on the regular.

I'll just see myself out, shall I?

As others have suggested, let the members take the lead on this one.

If the amendment does happen, a limit of 2 pets is generally reasonable. Most associations experience few problems other than dog waste. The condo should have a few garbage cans installed if there currently aren't any outside the building. If cleanup does become a major problem, you could take an extreme approach and hire a company that will test pet waste and send you DNA results.

You could charge a fee of that amount, but just be prepared to do some extra work when trying to collect it from pet owners.