Prohibiting Pets in a Condominium

Ken · #1 02-10-2008, 05:06 PM

If a condominium would like to prohibit pets for reasons of noise prevention, health and safety, can it put a rule to this effect in the condominium rules?

If there is nothing in Dominican Law to prevent this, would the rule be binding on all owners, even those who bought their apartment before the rule was approved by the Assembly?

So that it also applies to renters, would just putting this in the rental contract be enough or must it also be in the rules of the condominium that both owners and renters cannot have pets?

Thanks in advance.

Rocky · #2 02-10-2008, 05:12 PM

Can't say that I know all the answers, but those who already live there and have pets would have an acquired right and could not be forced to get rid of them, IMHO.

Ken · #3 02-10-2008, 05:34 PM

Quote:

Originally Posted by Rocky

Can't say that I know all the answers, but those who already live there and have pets would have an acquired right and could not be forced to get rid of them, IMHO.

Good point, I should have said any existing pets would be grandfathered if possible. By "if possible" I mean not create an apparent double standard that new people would use to overturn the rule.

However, in the matter at hand, this is not a problem since the only owner presently owning a pet is in the process of selling his apartment.

MommC · #4 02-11-2008, 11:51 AM

Our condo bylaws have a clause that cover domestic pets as relates to their 'disturbance' of 'vecinos' however when we had problems with a pet owner (PM me if you want details) we found that we couldn't do anything to have the 'animal' evicted. Even the health authorities were at a loss........(yes it became a serious health matter).

The best we could do was make sure the pet was 'confined' to quarters and the owner had to carry the pet across common areas to enter or exit their unit.

oriole100 · #5 02-11-2008, 01:23 PM

Our condo rules state that only owners can have pets and if there is a problem with an owners pet, the owner can be required to have the pet removed. Hasn't been a problem. Most pet owners understand they have to control their pets. The pets are not allowed to run wild. But we decided renters, no pets.

Ken · #6 02-12-2008, 10:50 AM

Oriole, I am wondering if push comes to shove whether the requirement in the rules that the pet has to go will work. Suppose you had an owner who had one of those little dogs that yap all the time and drive people nuts, a pet that is treated like a child. I wonder what would happen if you told that owner the dog had to go. MommC apparently found out it wasn't that easy.

We presently have only one owner that has a pet and he is leaving soon. This would be a good time to adopt a no-pet rule if we can.

Fabio, if you see this, an additional question. If you permit owners to have pets can you prohibit renters from having them? If you can, must this prohibition be in the rules or is it sufficient to put it in the rental contract? This is a question that has been raised in our discussions re what to do about pets.

Rocky · #7 02-12-2008, 10:52 AM

Quote:

Originally Posted by Ken

Fabio, if you see this, an additional question. If you permit owners to have pets can you prohibit renters from having them? If you can, must this prohibition be in the rules or is it sufficient to put it in the rental contract? This is a question that has been raised in our discussions re what to do about pets.

I'm not Fabio, but we have that condo bylaw in our condos.
Owners yes, renters no.

Fabio J. Guzman · #8 02-13-2008, 02:58 PM

The regulations of each particular condo govern this matter. Specific rules on pets in the regulations may be changed by the owners in a meeting with the appropriate majority.

If prohibiting renters from having pets is desired, it is preferable to have the prohibition inserted in the condo regulations since the condo association would have standing to sue in case of noncompliance. If it were just in the lease, only the landlord will be able to sue.