Limits on pets vary from condo to condo

Q. I am considering purchasing a condominium unit and have three pets: a dog, a cat and a bird. Will the condominium allow me to have that many pets?

A. This will depend on your particular condominium’s restrictions. To inform yourself, prior to purchasing the condominium you should read and understand the following documents: the declaration of restrictions, covenants and easements; and the rules and regulations, if any, with respect to the condominium. A condominium declaration generally has a specific section devoted to the subject of animals/pets. Typically in this section you will find language limiting the number and type of pets allowed. Usually you will find that one or two domestic pets are allowed. In addition to restrictions on number and kind, a condominium usually prohibits raising, breeding or keeping animals for commercial purposes and requires the unit owner to be in compliance with all state and local animal laws, regulations and ordinances. The condominium documents will generally prohibit any animals considered a nuisance or dangerous to the health, safety or welfare of the community at large.

The specific nuisance provisions of a condominium declaration may also inform the analysis of whether a certain pet is a nuisance. For example, although your pet may be allowed, if it makes too much noise, emits noxious odors or is not properly under control, such situations may constitute an actionable nuisance. The condominium documents will usually also state where pets may be kept within your unit and/or on the common areas. For example, often the rules and regulations will prohibit pets in the pool area and state where pets may be walked on condominium property. The condominium association is responsible for enforcing the rules with respect to animals and may fine a unit owner for pet violations and, if necessary, in certain cases may even require an animal be removed from the condominium.

If you are a pet owner, make sure to become familiar with the pet restrictions in a community association before making a purchase.

This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice. If legal advice is required, seek the services of an attorney. By Raghu R. Raju, an attorney of Weinstock & Scavo, P.C.; rraju@wslaw.net; www.wslaw.com.

Have a question you would like answered in this column? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.