I have a dog, a small one. He makes no noise at night, is very silent, and doesn't create a nuisance to anyone. Until very recently, my neighbours never made an issue. My house owner is aware that i have a dog, and he's fine with it, as we discussed it while leasing the apartment. Now whenever i take the dog out for a walk, a neighbour (My RWA secretary) comes up to me telling there's rule saying no dogs are allowed in the apartment. I have argued saying that, he creates no nuisance, as i dont walk him in the compund, and i carry him out of the building everytime to avoid any issue. But her argument is that the RWA has a rule that pets are not allowed, and her only reason for barring me to keep a dog is that no one in the past has kept a pet in the building. It's becoming a nuisance everytime i take him out for a walk, and it's bordering on harassment. Does she have any legal stance or do i have any legal stance to hold on to? I've asked them to speak to my landlord, who himself said that he has no issue, and will deal with the neighbours. What do i do? I am a bachelor staying alone in an apartment with my pet dog.
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1. Do not worry as no RWA can override alw and stop you from rearing a pet in your own house.
2. If they harass you more especially your dog you can lodge complaint with local Police under Prevention of Cruelty to Animals Act, 1960 whereby the Police can register FIR and initiate criminal action agaisnt the tormentor of your dog.
3. ALternatively you can lodge complaint with the registrar of the Society against such biased acts of the RWA.
4.Donot sit idle and raise your voice.
There can be no rule by any apartment association or society which says that you cannot domesticate a dog. Any such rule lacks enforceability at law. Apartment associations in most parts of the country create such freaky rules such as keeping dogs and bachelors out, but such rules cannot be enforced through the process of law. Tell and dare your neighbour to do all that he can to make your dog vacate the house.
Society cannot restrain you from keeping a pet dog in the flat
2) you are at liberty to keep a dog . Society cannot even ask pet-owners to keep their animals on a leash or impose special charges on them, a circular from the Animal Welfare Board of India says.
3) in fact Thane consumer court in 2008 imposed a fine of Rs 5,000 on the society, holding that its decision to to prevent pets from using the lift without any valid reason amounted to "deficiency in service". A family residing in a housing society is a "consumer" under the law.
4) file police complaint against the secretary if he is restraining you from keeping a dog in your flat
1. First of all find out whether there is a rule framed by the society barring the residents of the society to have pet or not.
2. If there is any such rule framed by the societry, collect a copy of the same as evidence.
3. After that lodge a complaint to the Registrar of Co-operative Societies against your Society for framing the said rule arbitrarily infringing in to your civil right asking him to direct the said society to amend the rules framed by them.
4. If the said Registrar does not act, file a Writ petition against te registrar making the society as private respondent seeking relief.
The RWA secretary cannot talk to the tenant directly this way until and unless the tenant i creating problems for others and she has a complaint in writing from other members in this regard.
If she has an objection to this pet being reared by you, she should ask your landlord to take action on this as er law or bye law of the association.
In my opinion there is no such be law preventing the residents to rear pets in their own flats/apartments.
Your landlord has to decide about this and in fact if there is no nuisance due to the pet with you then there should not be any problem in this regard and this should be handled accordingly.
