How to create effective pet rules for your community

What are pet rules, and why are they needed?

If you live in a pet-friendly community, it’s essential that your board set boundaries to keep order within your community. Many of the issues that become problems in pet-friendly communities have very little to do with the pets — after all, they can’t clean up after themselves.

Pets can be a great addition to any high-rise, condo, co-op, or HOA community, but it's crucial that pet policies are clearly communicated and respected. Effective pet rules should outline expectations for owning animals on the property. This includes detailing the consequences of rule-breaking so all residents respect their shared home.

*Note: Always consult your legal counsel and refer to governing documents when creating and enforcing pet policies.
 

Pets vs. service animals vs. emotional support animals

It’s important to understand the difference between pets, service animals, and emotional support animals when developing your pet policy. Service animals and emotional support animals are not considered "pets," and they may be exempt from certain pet policies.

• Pets: According to the U.S. Department of Housing and Urban Development (HUD), pets are defined as a domesticated animal traditionally kept in the home for pleasure rather than for commercial purposes.
   
• Service animals: In the United States, the Americans with Disabilities Act (ADA) defines service animals as “dogs that are individually trained to do work or perform tasks for people with disabilities,” such as guiding those who are blind or alerting those who are deaf. Some states have broader definitions that include other animals, so boards should be aware of state-specific laws.
   
• Emotional support animals (ESAs): Emotional support animals are included in the Fair Housing Act’s (FHA) broader definition of “assistance animals,” as interpreted by HUD — animals that “work, provide assistance, or perform tasks for the benefit of a person with a disability, or that provide emotional support that alleviates one or more identified effects of a person’s disability.” Unlike service animals, they may not require specialized training to perform specific tasks. Housing providers may be required to make reasonable accommodations for ESAs, even if animals are otherwise restricted. 
   

How to create high-rise, condo, co-op, and HOA pet rules

1. Draft common-sense rules

   Over 70% of U.S. households have at least one pet, according to the Humane Society of the United States. With these statistics in mind, it’s important to have rules in place that require pets and their owners to be on their best behavior and respectful of others in the community.
   
   One common rule in most communities or buildings is that every animal’s owner must clean up any waste deposited in common areas, and refusal to do so will result in a fine. Some communities can even collect pet DNA at registration to identify the culprit of any infractions on the property.
   
   Additionally, many communities have restrictions regarding the size and weight of pets that are permitted within the community. However, this restriction can be tough to enforce, as it requires each animal to be closely monitored. Another consideration may be a restriction on dog breeds, and those deemed dangerous being prohibited by the community or local ordinances. Behavioral matters such as jumping, biting, or aggressiveness could also be grounds for prohibiting an animal.
    

2. Seek feedback and regularly communicate rules

   Your residents’ health and safety are of the utmost importance, so the governing documents will usually stipulate the number, kind, and size of animals allowed per household. Board members should talk with residents to better understand their stance. Create and distribute a survey to see how the community feels about pet rules and their enforcement. Consider forming a committee comprised of both pet owners and non-pet owners so that policy can be crafted without bias. When it comes to how violations are handled and how policies are enforced, you may consult with a professional property management company to determine if these expectations are reasonable.
   
   Once policies are established, ongoing communication is essential. Many disputes arise simply because residents are unaware of the rules. Boards should regularly remind residents of pet regulations through newsletters, emails, community meetings, and signage in common areas. When policies are updated, they should be clearly communicated to avoid misunderstandings. Friendly reminders about waste disposal, noise levels, and leash requirements can also encourage compliance without the need for formal enforcement actions.
    

3. Enforce rules consistently

   Like all  policies, pet rules should be enforced fairly and consistently. Most animal owners are considerate of the community rules and prevent their pets from becoming nuisances.
   
   What should you do if a resident violates a pet policy? First, your property management staff should approach the pet owner and address them in person in a friendly manner. The resident may be unaware of the rules, or the violation could be an honest mistake. If the resident is a repeat offender, consider sending a written notice detailing the violation. Include a copy of the community’s pet rules, regulations, and the consequences outlined in the governing documents. If that doesn’t solve the issue, consult your attorney for further action.
    

4. Make exceptions when needed

   Rules and regulations regarding animals should be written and enforced for the well-being of the community, but there are some exceptions your community should consider. If your community’s board has decided to implement a “no pets” policy, but you have residents who already have pets, the board may “grandfather” in existing pet owners. In that case, the updated regulations must be well-communicated to any new residents to avoid misunderstandings.
   
   There is also the matter of service animals for residents who might require additional assistance. Service animals are not considered pets and must be allowed at no cost to the homeowner or resident. The Federal Fair Housing Act and Americans with Disabilities Act protect those who require service dogs. The board should work closely with their counsel to provide reasonable accommodations for approved service animals.

Pet rules can be a sensitive issue for community members. In these cases, the  board must be firm and clear in their communications, well-educated on the various legal aspects of the issue, and transparent in the creation of an appropriate pet policy. Always emphasize that these regulations are in the best interest of the community, protecting residents’ health, safety, and well-being.

Contact FirstService Residential for more information on setting and enforcing pet rules in high-rises, condos, co-ops, and HOAs.