People moving into association-governed communities aren’t always aware of the rules and restrictions that apply to residents—and pets. To avoid misunderstandings and conflicts later on, homebuyers should read all documents before buying a home in a community association. Real estate agents should know when a home is part of a community association. If it is, the realtor should help the prospective buyer understand what that means in terms of benefits, restrictions and obligations, including those pertaining to pets.
Some people knowingly violate established rules of their community. Regardless of the issue, CAI does not support the willful and flagrant violation of rules. Homeowners who object to or have a grievance with a rule should discuss the issue with the association board or community manager. That may prompt a community-wide dialogue to determine whether an existing rule is still appropriate or whether it should be amended or repealed. Rules must be reasonable and appropriate to the community.
Association rules, including those pertaining to pets, need to fit the particular dynamics of each community and should be revised as appropriate to fit the desires, needs and priorities of the residents in that community. Where pets are allowed, restrictions and rules should focus on pet and owner behavior, not on the height, weight or breed of the pet. Most pet-related issues involve an owner’s inability to control the animal or refusal to cleanup after the pet. In these instances, CAI recommends that the governing documents of the community give the association the authority to intercede in the best interests of the community as a whole.
Homeowners elected by their neighbors to serve on association boards have an obligation to enforce the established rules of their community. Some people select a community based at least in part on rules pertaining to pets. Their expectations should be part of any discussion. In addition, association boards have an obligation not just to individual members of the community, but to the community in general. One of the key challenges of community association governance is balancing the desires of an individual resident with the best interests of the community as a whole. In the often-emotional realm of pets, this can be a delicate balance.
In all cases, fairness and consistency are essential. If the board of a no-pet community allows one resident to have a dog—or two small dogs, or three cats—how can that same board say “no” to another owner who wants a pet? Rules should always be applied consistently and fairly. When one resident flaunts a rule with impunity, others may follow suit. Without the fair enforcement of rules, a community—and the values of the homes in that community—can suffer.
CAI does support access for service animals in community associations—seeing-eye dogs, for instance—as stipulated under various federal and state laws.