Tamarac group looks to reform condo legislation

Article Courtesy of The Sun Sentinel

Published December 4, 2009 

 

The nonprofit organization Citizens for Pets in Condos is seeking legislative support for a bill intended for the 2010 legislative session. The Tamarac-based group is proposing a state law that would require only a simple unit-owner majority of 51 percent for condo associations to change a building's status from no-pets to pet-friendly.

"The simple majority is the foot in the door," said Maida Genser, president of Citizens for Pets in Condos. "We have to find someone to back us."

The draft proposal, which can be read at www.petsincondos.org, says condo owners should be allowed to have companion animals in no-pet buildings as long as 51 percent of unit owners vote in favor of an amendment in the governing documents. Currently, if governing documents do not specify the number of votes required, state law requires two-thirds of the voting interest to pass an amendment. The proposal also states that along with the change, there must be "reasonable guidelines" for pet handling, such as leash laws in common areas, requirements for proper disposal of waste, or mandatory spaying and neutering. 

Companion animals are defined in the proposal as dogs, cats, birds, ferrets, gerbils or any other commonly accepted domesticated animals. Additionally, pet owners would be required to complete and sign a pet application and include a photo of the pet. 

Condo owner Bobby Albre spearheaded her West Palm Beach condo's pet-friendly clause and also helped create a committee to manage pet-handling guidelines. Albre said anyone who wants to organize a pet-friendly campaign at their condo should first find out the number of residents who are willing to allow pets. "It's a matter of choice," Albre said. 

In her building, Albre and her supporters had residents sign a petition to first get the issue on the association agenda. Now that the pet-friendly amendment has passed, Albre said she can relax with her cat, Cleo. 

Along with the amendment, the pet committee at Albre's building also passed pet guidelines that included not allowing pets to walk in common areas, including hallways and the lobby. The committee instead required pet owners to carry pets in their arms, a pet carrier or a pet stroller. 

"People really thought there would be a flood of cats and dogs, but there wasn't because of the rules," Albre said. 

Common guidelines that can accompany an amendment to allow pets include weight limits, waste disposal requirements and a pet committee to enforce the rules. 

The Department of Housing and Urban Development stipulates that people with verifiable conditions documented by a physician, psychiatrist, social worker or other mental health professional can have pets in no-pet areas. However, there have been battles at the local and state level over differences between service animals and companions or "emotional support animals."

The draft proposal suggests that local animal control authorities or the health department investigate sanitation issues and aggressive animals.

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