Condo Declarations - Pet Provisions


The courts have held that prohibitions or restrictions on the number and kind of animals that are contained in condominium corporations declarations are valid. This means that condo developers (or their lawyers, perhaps?) who are drafting these documents, are making those important decisions for the future residents. The declaration is prepared long before any structure is built and before the units are even offered for sale. Although the developer may gear its marketing to certain types of purchasers (e.g. first time buyers, empty nesters, etc) often not much thought is given to some of the lifestyle issues such as, what pet provisions a community should have.

After looking at a number of declarations one can see that the pet provisions are all over the map. Some have a complete prohibition on pets while others have a limit on the number of pets. Most have a definition of what animals are permitted pets - "exotic" animals and reptiles are frequently specifically prohibited. Almost all have an overriding provision that dangerous animals and those determined by the board to be a nuisance must be permanently removed - which makes sense, since an owner should not be allowed to keep a pet if it is interfering with the quiet enjoyment or safety of other residents.

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