CAI-MN Minnesota Community Living - May/Jun 2015

Page 26

Man’s Best Friend or an Association’s Worst Enemy? Dealing with Pets in a Community Association

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ow that the snow has melted, many associations are discovering multiple areas of green space in their communities that have been damaged by pet waste over the winter months. Those brown patches of grass are unsightly enough, but what about the more offensive solid waste left by pets—and their owners? And what about all the animals that have been cooped up all winter and now have an opportunity to run free? How can an association regulate issues related to animals in the community? To be clear, the great majority of animal owners are responsible. They pick up their pet’s waste immediately, they keep their animals on leashes when outside, and they

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Minnesota Communit y Living

By Nancy T. Polomis, Esq. | Hellmuth & Johnson, PLLC

take care to control their pets, particularly around other people (and other animals). To those owners: Thank you. But, as with most groups, a few “bad apples” create problems for all association members, and cause headaches for association management and association boards.

its grounds remain in good condition and visually appealing? Is it because the style of community (e.g., an apartment-style condominium community) has limited green spaces and just isn’t designed to have lots of animals? Or is it because the members of the community have expressed a desire to live in a community free of animals?

Establishing pet rules

Pick it up!

Pets are permitted in most community associations, though there are some communities that prohibit them. Most associations, however, also have rules related to the keeping of pets in the community. When establishing rules, it’s important to consider why the rule is being adopted. Is it because the community wants to ensure

While it may seem obvious to most that it is simple neighborly courtesy to pick up a pet’s waste—and, in fact, most city ordinances require it—most associations have a specific rule requiring owners to do so. It seems that, absent a specific rule requiring owners to pick up their pet’s waste, some owners contest an association’s right to declare a


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