Page 5 - New England Condominium November 2020

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -NOVEMBER 2020 5 Write to New England Condominium and we’ll publish your question, along with a response from one of our attorney advi- sors. Questions may be edited for taste, length and clarity. Send your questions to: patgale@yrinc.com. Q&A Legal Q A Curtailing Furry Friends Q I am a member of the board at an 84-unit condo development. One of our biggest complaints is the issue of dogs and where they defecate. Everyone in the community seems to think that their dog is special and does not have to use the designated areas for dog “walk- ing, etc.” We have friends in another condo development that has a “NO DOGS” rule. Cats are allowed. What steps would be nec- essary to make new incoming residents sub- ject to a “NO DOG” ordinance? Existing dog owners would be grandfathered. —Grossed Out A “A dog may be one man’s best friend, but to many condominium associations a dog can be a hassle, a nuisance, or even a liability,” says Scott Eriksen, shareholder at Perkins & Anctil, PC, in Westford, Massa- chusetts. “Th is is true not just for canines, of course, but for all sorts of furry friends. For this reason, many condominium docu- ments incorporate provisions that restrict, restrictions are enforceable, communities who can demonstrate that they require the or even prohibit, pets from common areas should obtain the requisite unit owner vote assistance of an animal to use and occupy or units. “Properly draft ed and incorporated in ments. the governing documents, pet provisions or prohibitions have been held enforceable by amendment to the governing documents the courts of the Commonwealth. However, will likely vary somewhat depending on in Massachusetts, if the board is looking to the specifi c documents. Typically, a vote prohibit or even restrict pets within indi- vidual units, it will be necessary to amend required in order to enact changes such as the condominium’s governing documents this, and a meeting of the owners may be (master deed and/or declaration of trust or required. We generally advise our clients to bylaws) in order to do so eff ectively. Th is is survey the ownership regarding potential an important note for most communities, use restrictions and changes in the fi rst in- as many boards attempt to implement pet stance, so as to gauge the level of support restrictions pursuant to their rule-making for a change before spending money on the authority, and this can be problematic. “While boards do typically have the process. ability to adopt rules regarding the use of common areas (including rules that require be aware that even if they adopt restrictions owners to clean up aft er pets in common or prohibitions regarding pets, there may areas), the courts of the Commonwealth be situations where boards are forced to al- have said that this rule-making power does low animals regardless of what the govern- not permit a board to impose restrictions or ing documents state. Federal and state law limitations on the use of units. Th erefore, require associations to make ‘reasonable in order to make sure that any broad pet accommodations’ for disabled individuals necessary to update their governing instru- “Th e steps necessary for adopting an counsel for how best to respond.” of some super-majority of the owners is amendment preparation and presentation “As a fi nal note, communities should also their units. Boards faced with requests for such accommodations should consult with ■ & www.ResconCondoSolutions.com 800-494-3017 Professional Fast & Reliable Services Guaranteed, Competitive Pricing, Quality Solutions Solve Problems the First Time, 25 Years Commercial & Residential Experience BULKHEADS FOUNDATION CRACK REPAIR EXTERIOR DRAINAGE The Industry’s Premier Basement Waterproofing and Foundation Repair Company THE RESCON ADVANTAGE On Time Scheduling We show up when we say we will and finish the job on time. 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Call Today! 800-494-3017 www.ResconCondoSolutions.com www.ResconCondoSolutions.com 800-494-3017 Or self-schedule your virtual quote with this QR Code QUESTIONS & ANSWERS Disclaimer: e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your speci c circumstances. Always seek the advice of competent legal counsel or other quali ed profes- sionals with any questions you may have regard- ing technical or legal issues.