Pets

We are adding rules & regulations to our by-laws regarding pets. Looking for verbage that is general and can be tweaked for our specific need,

we are a 7 story bldg (loft project) that suddenly has a surge of homeowners and pets. One of the main beef is dogs barking in the hallways - dogs peeing in the elevators and RIGHT out front the door against the brick wall -

We would like to restrict the number of pets, also should we charge a fee for dogs? Especially for units that are rentals?

Some of the homeowners are frightened by dogs, its uncomfortable for them in the elevators. We have a girl who does not have control of her dog, he pulls her out the front door, and barks!

This is all new to the board, because all of a sudden it seems everyone is buying a dog!!

thanks

The following is probably one of the stricter rules i have written. It is based on the governing documents for a specific association so you will need to make necessary changes to accomodate your particular set of circumstances

Pets/Animals

A. No unit shall contain more than one (1) dog or one (1) cat. Neither of which shall violate “B” thru “F” below. ALL animals shall carry a conspicuous tag showing the name and address of its owner and proper registration as required by law.
B. Residents shall not permit any pet to run loose around the buildings or about the grounds. No pets are to be in common areas unless on a leash IN HANDS OF THE OWNER OR RESPONSIBLE PERSON. Pets are not to be tied out on chains, ropes or similar type devices on common areas or front porch. Ties will be removed if found without notice. Pet owners are entirely responsible for immediate pick up of their pet’s defecation. This is a courtesy to your neighbors and a health and safety issue.
C. No animals, shall be kept, bred or maintained for commercial purposes. No household pet shall be kept in any unit whose weight is more than 30 POUNDS FULL GROWN. Common household pets limited to dogs, cats, hamsters and the like. Wolves, leopards, tigers, lions, snakes, reptiles, birds of prey, insects, livestock such as cattle, horses, monkeys, poultry and the like are specifically excluded as a common household pet. The Board will make final judgment if disputed. All pets are to be kept clean, quiet and under control by their owner as reasonably as possible. There is a “Leash Law” in effect for , and that animals that are consistently found to be non-compliant will be treated as a “nuisance” and subject to removal per Paragraph 7.
D. Any owner who keeps and maintains a pet in this project thereby expressly assumes all liability for any and all action by their pet whether or not the owner had prior knowledge, notice or forewarning of the likeliness of such actions.
E. No pet boarding, sitting or any guest pets are to be kept in any Townhome unit.
F. Any owner or occupant who keeps or maintains any pet upon any portion of the complex shall be deemed to have indemnified and agreed to hold the Association, each of its members and the Declarant free and harmless from any loss, claim or liability of any kind or character whatsoever arising by reason of keeping or maintaining such a pet in the complex.
G. All pets shall be registered and inoculated as required by law. The Board shall have the right to order any person whose pet is a nuisance to remove such pet from the complex and/or impose fines.
H. Pets must also be registered with the Property Management Company. Phone number and mailing address available on last page.

Donna,

Before adopting any pet rules, make certain what you want to change is not contrary to anything that is already contained in the CCRs. The board may have the authority to adopt rules, but they cannot change the meaning of an existing rule nor make a new rule that the subject of which is not already addressed in the gov. docs.

We would like to restrict the number of pets, also should we charge a fee for dogs? Especially for units that are rentals? Donna Arizona
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Obviously the above association (Condo?) allows renters to have pets and that seems to create some problems. Can you treat renters differently than owners, i.e. charging ‘pet fee’ to renters and not to owners?

We do not allow lessees to have pets at all but again we are HOA. Our 4th pet amendment now says:

‘A townhouse unit owner shall not keep more than one (1) per in his unit. A pet shall be defined as a domestic or household dog or cat, which will weigh no more than 25 pounds at maturity. For purposes of this provision, fish and other organisms confined to an aquarium and birds shall not be considered pets……….This pet provision shall not extend to lessees ’.

One can have as many birds or snakes in his unit. This amendment is silent on ‘guests’. I do not know if FL law allows for a different treatment of lessees? Where should one look?

John,

If you are saying you do not agree that the BOD does NOT have the authority to "make a new rule that the subject of which is not already addressed in the gov. docs", then, IMO, you are dead wrong. Here's what my docs say, and from what I've heard, this is the norm for most assn's: "By a majority vote of the board, the assn may, from time to time adopt, amend and repeal rules and regulations to be known as the "rules", with respect to all aspects of the assn's rights, activities and duties under this declaration." Note the phrase "under this declaration"; in other words it must be for something that is already addressed in the CCRs. Then it goes on to say: ". . .the rules shall not be inconsistent with this declaration, the articles or bylaws."

I didn't notice the date either!