There is an old saying that “it's raining cats and
dogs”. Well, this saying (or so I'm told) came from days of yesteryear
when roofs were made of straw and the steep angle required for
good run-off brought the eve way down - fairly close to the ground.
The cats and dogs weren't allowed in the house in those days, let
alone in the bed as present-day pampered pets prefer. So they,
the dogs and cats that is, would make a snug place to sleep within
the straw roof. The heat from the fire inside kept the roof warm
in winter and the night air made the straw cooler in summer. All
in all, the roof was a nice place for an animal to nap. When it
rained heavily (a sprinkle was only a temporary inconvenience),
these animals would quickly drop down from the roof to find dryer
shelter. Thus, when it really rained heavily, it was referred to
as “raining cats and dogs”.
It seems that we are raining cats and dogs in America
's community associations, too. As a manager, a great number of
my complaint calls have to do with pets in some way or another.
Either they are noisy, nasty, off-leash, dirty or simply not allowed
to be there at all according to the governing documents. Dog feces
is another big issue. It has caused feuds to break out among otherwise
reasonable people, sort of a “pistols at dawn” kind of thing. One
association I managed actually required a motion before the board
to DNA test all of the dogs in the association so that the offending
pup could be tied to the poop and banished from the community.
Habeas Poopus, I guess. Of course, when the board found out the
price tag (and that a special assessment would be required), the
idea was quickly dropped.
As silly and as carried away as that sounds, it really
did happen – and it really does point out that pets can be a real
problem in creating and maintaining harmonious association living.
Most of the pet-related problems are resolved by
exercising a bit of common sense.
Here's a suggestion. How about trying the four “K's”?
K-eep your cat indoors.
K-eep your dog on a leash.
K-eep pets reasonably quiet so they don't disturb your neighbors.
K-lean up after your animals. (OK … so I cheated a little on that
last “K”.)
Of course, this doesn't address the problem of having
a pet when the association's governing documents clearly state
that you can't - - especially when the board president has two
less than friendly Dobermans. Let me say that I am not an attorney,
so the next paragraph has no legal basis of authority whatsoever.
But… Many associations inadvertently have fallen
into a proliferation of pets simply by non-enforcement of existing
regulations. This situation, as I understand it (at least in Florida),
can be corrected with the least resistance by enforcing the regulation
AS OF NOW (the moment a board votes to do so) and declaring that
all current four legged residents are “grandfathered” in. Now,
this doesn't grandfather the ability for a unit owner to always
own a pet – just to keep the one that is already there until it
goes to its reward in that great kennel in the sky.
Now… I have another brief but true story. This is
about the poodle that lived for thirty years. The dog was grandfathered
in for the rest of its life when the association decided to crack
down on pet regulations. It was a quiet and friendly pooch. However,
at some point people began to notice that even a few board members
had passed away since that ruling but that the poodle was still
alive. Hummm. Well, it seems that whenever the current poodle got
sickly, the wily owner would haunt the dog rescue centers until
he found another poodle that looked exactly the same and voila! – another
miraculous recovery. It was thirty years before anyone caught on
to his exchange of poodles over time.
Before I leave the legal arena (where I am not supposed
to be anyway), there is the whole challenge of companion pets – the
Americans with Disabilities Act defines this rather broadly. No
longer restricted to seeing eye dogs, a pet can be “prescribed” by
a physician to a patient as relief from depression, among other
ailments. Based upon federal law, this trumps association regulations
and I have seen pets allowed under these circumstances - even in
an otherwise very restrictive building.
Moving right along –
One regulation that always amused me was the limit
on the weight of the dog. Frequently we see “25 pounds or less”.
What are they thinking? I can see the memo now:
“Dear Unit Owner and fellow dog lover: On Monday,
we will hold our yearly meeting where we will weigh all the dogs.
Have them lined up a noon for the weigh in and new certifications.
Any dog not answering this official summons will be assumed to
be overweight and thus banished from all association property
until next years' weigh-in.”
I have a vision of poor Fido, who has been hitting
the ol' food bowl a bit much of late and is now a hefty but horrifying
26 pounds. Mama has him sweating it off in the clubhouse sauna
and on a crash exercise program for weeks before weigh-in day.
Isn't it better to have a regulation that states
that the association will allow small dogs of a certain height
- wherein this size classification must be certified by a vet – and
which newly arriving dogs are approved by the board on a case-by-case
basis? I also feel that yearly vet certification to assure that
the pet is licensed and has its necessary vaccinations, is a good
idea. It is required at the place where I board my dog, so why
not where I live as well?
Well… that's it. These are my thoughts on Cats and
Dogs and homeowners associations.
The truth is that the world is divided into pet owners
and everyone else. Those without pets will just never understand
why the other group wants an animal living with them. So… take
a look at your association's governing documents and see where
you stand. As for me, I'll be refereeing those occasional disputes
among neighbors and their furry friends as more and more Americans
join the ranks of adoptive animal owners.
Association Times' Staff Writer
