Ask Habitat: What Does My Board Need to Know to Write Up a Pet Policy?
Oct. 6, 2014 — A READER ASKS: It's really beyond time for our board to enact a pet policy. We've been putting it off, but buyers are asking questions. We know it's going to be a hard road. What can we expect?
HABITAT ANSWERS: Few things are more contentious for a board than balancing the needs of pet owners and their non-pet neighbors. On the one side, animal lovers speak of their dogs — and that is universally the issue (cats, fish and often birds are essentially given a pass) — with almost religious fervor, mentioning unconditional love, emotional support, and lifelong bonds. The other side is usually filled with words like "property values" "bite," "dog crap" and "the constant smell of urine."
And yet, it may not be as difficult as you think, despite the high emotions often involved. If your co-op or condominium does allow pets, here are some points to consider when drafting a policy:
• Some absolutes. Require proof of city licensing and of up-to-date vaccines. Require that the dog have a collar with the name and phone and apartment numbers of the owner.
• Some strong recommendations. It would be wise to get a signed and notarized document stating that the owner understands and agrees to the co-op/condo pet rules. It should outline the proscribed steps if a dispute occurs, such as the use of a mediator or a board vote. Also, having the pet's photo on file is a good idea.
• Questions to ask and points to consider. Do you limit the number of pets? Do you only limit the number of dogs? Do you limit the size? If so, by weight or by height? Do you fine a pet owner, or perhaps charge a cleaning fee, when his or her dog defecates or urinates in the common areas or on the sidewalk around the building? Do you want to require that animals be spayed or neutered, with exceptions for proof-confirmed show animals?
You do need to acknowledge that disability dogs are not pets. These animals should be covered under your co-op or condo's separate disability-accommodation policy. For more information on that, see "Service Animals in Co-ops / Condos: The Law and What Boards Should Require," by attorney W. Alexander Noland.
Illustration by Liza Donnelly
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