THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, August 13, 1994 TAG: 9408110432
SECTION: REAL ESTATE WEEKLY PAGE: 17 EDITION: FINAL
COLUMN: COMMON GROUND
SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN
LENGTH: Medium: 63 lines
Q. Our community association is trying to draft pet rules. The community's declaration gives the association the right to regulate pets, but it does not say how it may do so. Can you provide guidelines for pet rules that are reasonable?
A. The bylaws of most community associations allow the board of directors to adopt rules and regulations on property operation and maintenance. Also, most bylaws contain a few specific issues that the board may regulate.
Before adopting any rule, the board should give property owners the chance to comment on it. When a proposal is drafted, every owner should receive a copy.
Owners should also receive notice of a hearing on the rule, including the date, time and place. The board should not act on the rule until the hearing.
As for pet rules, several considerations come into play. Most boards have the power to ban all pets. This is not uncommon in condominium associations but rare in homeowner groups.
In associations that allow pets, nearly all have restrictions on the number, size and type of animals that may be kept.
Board members should review any pet problems in the community. Once the board decides what pet problems they want to control - animals running loose, for instance - members might choose to adopt a rule affecting only those issues.
If the board wants to adopt a general policy on pets, it should consider these points:
Limit animals to traditional household pets. This will eliminate horses, pigs, snakes and so forth from the community.
Restrict the number of pets to two, with the exception of new litters, which may not be kept beyond 12 weeks.
Require owners to maintain all pets on a leash except when in a fenced yard. The leash rule should apply to cats as well as dogs.
Place wight or size limits when appropriate. It is not unreasonable to prohibit large dogs in small condos.
Establish noise restrictions to regulate barking and other sounds.
Set specific fines for violating these rules. Other penalties include requiring an owner to get rid of a pet judged to be a continual nuisance.
Grandfather all existing pets if an outright ban is adopted. This means it will take time for a community to become free of pets.
A final note: Pet owners are extremely protective and can be unreasonable when it comes to their animal family member. The board must do its best to be open and honest when dealing with such owners. MEMO: G. Robert Kirkland, president of a Virginia Beach property-management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community-association issues and are affiliated with the Southeastern
Virginia chapter of Community Associations Institute. Send comments and
questions to them at Real Estate Weekly, 150 W. Brambleton Ave.,
Norfolk, Va. 23510. To submit questions by phone, call 446-2033; fax:
446-2531.
by CNB