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 Pet Policies: How Community Associations Maintain Peace & Harmony 

By Debra H. Lewin 
 
ISBN: 978-0-944715-98-7 
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Topic(s): Policies and Rules 
Death and taxes have long been considered life's twin inevitabilities. But for community associations there may be a third: pets.

Pets inevitable? Absolutely. In 2005, there were 88 million more pets than people in the U.S. According to the American Pet Products Manufacturing Association (APPMA), 81 million American households counted a four-legged friend among the family (43 million dogs and 38 million cats) in 2005. Just how many pets is that? Nearly 378 million (including all pets, not just cats and dogs) according to the APPMA's 2004 National Pet Owners Survey. By comparison, the U.S. population was around 290 million people in 2005. And the numbers are increasing rapidly: APPMA's 2000 survey reported that Americans owned 62 million dogs and 64 million cats; in 2005, those numbers jumped to 74 million dogs and 90 million cats!

Community associations already have their hands full dealing with everyday domesticated animals; but, in the meantime, homes with exotic pets are increasing rapidly. Doctors at Kansas State University Veterinary Medicine Teaching Hospital estimate the number of non-traditional pets at about 44 million in 2000, and Larry Wildman, DMV, in New York, says the number of exotic pets (pythons, servals, monkeys, wolf hybrids) that he's seeing has exploded in recent years. Even the pot-bellied pig has been elevated from livestock to bona fide pet status.

Not surprisingly, the increase in non-traditional and exotic pets is posing unique challenges. One of the reasons for their growing popularity—particularly in condominiums—is the perception that ferrets, gerbils, snakes, and similar critters are "inside" pets that attract no interest from neighbors or the association. They're perceived as low-maintenance, perfectly suited to the condominium lifestyle. Your association doesn't allow cats and dogs? No problem. Iguanas are interesting, and white rats are a big hit with the kids.

Problems arise when the ferret slips out the front door and chews through the common-area wiring in the hall, or when the snake is a 12-foot python. These types of pet problems are more subtle and harder to regulate than the Airedale's accidents or Polly's incessant squawking.

Admittedly, most community association pet problems tend to be in the more common dog-and-cat category. Or, perhaps more accurately, the dog-and-cat owner category. But regardless of the species in question—dog, cat, bird, pig, snake, ferret, wallaby—enacting workable and reasonable pet rules, encouraging compliance, and enforcing those rules are the primary challenges.

Pressure to meet those challenges is increasing as federal regulators crack down on associations to reduce ground water pollution caused by pet waste. According to the Environmental Protection Agency (EPA), most people believe that dog waste does not contribute significantly to water quality problems, when, in fact, "nonhuman waste represents a significant source of bacterial contamination in urban watersheds."

Noted dog trainer Barbara Woodhouse is of the opinion that there are no bad dogs, just ignorant owners. She claims she can teach a dog anything in five minutes, but teaching its owner takes much longer. Woodhouse is on to something that you should bear in mind as you draft and enforce your pet policy. Pet rules are about people with pets, more than about pets. For example, a rule that disallows dogs on common-area turf probably won't eliminate Daisy's deposits on the lawn. However, a rule stating that dog walkers must pick up and properly dispose of Lucy's leavings will place the responsibility squarely on the owner, not the animal. Staying focused on regulating the behavior of the owner will be helpful as you draft, amend, and enforce your pet policies, particularly if you're considering restrictions such as size or weight.

Key Points

  • Pet rules should be consistent with the association declaration, bylaws, local and state statutes, and federal regulations; they should serve a purpose; and, above all, they should be reasonable.

  • Associations should encourage compliance with pet rules by involving residents in their development, publicizing rules frequently, communicating with nonresident owners, being a resource for residents, and handling neighbor complaints using standard procedures.

  • Pet rules should be enforced even-handedly and consistently, beginning with informal and friendly methods. Make use of the Humane Society and mediation for difficult situations.

  • Associations should focus on behavior—the pet's and the owner's—rather than on size or breed when drafting pet rules.

  • The Federal Fair Housing Act requires associations to exempt service animals from pet policies and rules.

  • As ground water contamination becomes an increasing problem, local governments are putting pressure on more associations to remove pet waste from common areas in compliance the Federal Clean Water Act.

  • The number of people keeping exotic pets is increasing constantly. Associations should be aware of the requirements they need to place on these residents to comply with local laws and maintain the safety of all residents.
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