Restrictions on pets within communities vary greatly. Restrictions may limit the type, size, weight and/or number of pets allowed to be kept in a unit. Others provide restrictions on pets only when in the common areas. Therefore, it is important to understand exactly what type of restrictions your community has before taking enforcement action. However, even if the documents do not contain specific restrictions with respect to pets, certain types of pet activities may fall under other provisions. For instance, some actions may violate noise and nuisance restrictions, such as excessive barking or failing to clean up pet waste.

A board should typically follow the same enforcement action it would for any other type of violation – a warning letter or a violation letter along with a notice of hearing, and a fine following the opportunity for a hearing. However, some cases essentially involve a request to remove the pet permanently from the community because it is simply not allowed by the restrictions. This may be the case for an owner who has three dogs when only two are permitted. In these types of situations, the board follows its enforcement procedures and hopes the owner voluntarily complies. If the owner does not comply, the board is faced with an important decision – proceed further with a lawsuit to obtain a court order requiring the removal of the pet or make a business judgment decision based on the facts of the case to not proceed further to force the removal.

When dealing with any pet restriction, the board must be aware of the practicalities of enforcement. First, remember that the owner most likely considers the pet to be a member of the family and sees enforcement as a personal issue. Therefore, the board must gather all facts, witness accounts, and maintain written reports of any pet incident or alleged violation. Even if the board does not want to levy a fine, some sort of due process will help the association’s chances in court. Present the facts, make a good record, and issue the board’s findings in writing. If the ultimate decision is to require removal of the pet, the board must be prepared to take the action further if the owner does not comply. If the board, after reviewing the facts and records, decides in its business judgment to not pursue removal, the reasons for the decision should be carefully documented to avoid any future arguments of waiver or abandonment of the restriction. Either way, a court will review the board’s action and the reasonableness in reaching the decision.

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