According to
the 2017-2018 APPA National Pet Owners Survey, 68 percent of U.S. households
own a pet, which equates to 84.6 million homes. This presents challenges to
community associations to protect health, cleanliness, and safety standards
while preserving the rights of pet owners.
To ensure fairness for all
residents, policies must be developed proactively, rather than in response to
circumstances as they arise. So what standards should we apply to pet policies,
and what are some examples of their applications?
Criteria for Pet Policies
- · Reasonable: Residents and legal advisors must agree that a rule is well-defined, sensible, and acceptable.
- · Purposeful: Rules must have stated objectives, which relate to preserving the standards of the community.
- · Legal: Rules must be in compliance with local, state, and federal laws.
- · Enforceable: It must be feasible to hold residents accountable, with the necessary resources in place.
Reasonable
Dog-related
injury claims are on the rise. Texas ranked #5 among states in 2016 with 168
claims, according to State Farm. While most residents would agree on
the need for protection against dangerous pets, there are competing
perspectives on how to do this. For instance, some residents may find
restrictions on pet breeds and size discriminatory, while others believe that a
restriction on pit bulls or 70+ pound dogs is necessary in a townhome community
with thin walls and adjacent lots.
Prohibitions based on dog behaviors such as
aggression or barking at night may be an ideal compromise, along with pet
liability insurance with the HOA named as the co-insured. Requirements that all
dogs are walked on leashes, and no animals be let loose in the neighborhood are
universally reasonable.
Purposeful
Do your
rules banning notoriously dangerous breeds or livestock include language about
“providing for the safety and health of the residents”? Does your 5’ leash requirement
include an explanation that longer leashes make it harder to react when a dog
gets aggressive? If you designate an area for a dog park, residents must
understand that one purpose is to protect them against dogs that would become
ornery without a place to exercise and socialize. Every rule must have a stated
purpose to assure adoption and to provide assurance of protection.
Legal
Federal laws
enforced by the Federal Housing Administration (FHA) are of particular concern.
Fair Housing Act (FHA) lawsuits have arisen when residents have found rules to
be in contradiction to the principles of the FHA, which generally prohibits
discrimination in all matters of housing.
Before instituting
any pet policies, engage a legal advisor who knows the local, state, and
federal laws pertaining to pets. For example, in some states like California,
an outright ban on pets in communities is illegal. The precise language of
rules is another intricate legal concern. Check your state’s statutes to see if
rules must be publicly recorded in order to be enforceable. A skilled legal expert can ensure that there
are no contradictions between your pet rules and the laws or your governing
documents.
Enforceable
Without
consequences, rules have no “bite” (pardon the pun). Every community should
have a policy requiring owners to clean up pet waste. Clean-up courtesy
stations enable pet owners to comply. To enforce a rule against dogs barking at
night, HOAs may need to institute fines or a requirement for obedience
training.
Consequences
are not the only way to assure rule compliance. Proactive public relations and
friendly communications are just as essential in spreading the word about pet
policies and promoting respect between pet owners and other community residents.
Lois Bray, CMCA
Regional Vice President
CMA Mid Cities
No comments:
Post a Comment