• Pets are welcome but defecation in common areas is an issue

We have a lot of pet owners in our society with many having cats. Also as a society we understand and respect law of allowing let's in society and use the lift or common areas. However there are issue pertaining defecation and scratching of seat covers of 2wheelers, where in society receives at least 2-3 letters a month where in society is not able to act upon. Numerous notices and requests to pet owners have fallen to deaf ears or rather they themselves are clueless how to take control of things. How can housing society ask pet owners to disallow pets from defecating in common areas or maintain clean premises also accommodating pets. Is there a law clarifying this too. Or the society has to continue with the nusisance and just clean by themselves.
Asked 4 years ago in Civil Law

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16 Answers

In the absence of central or state laws requiring cleaning of pet excreta by pet owners, you cannot impose any rule, regulation or bye-law, with respect to mandatory cleaning of the same, or impose special charges or fines on pet owners. You can, of course, request them to do so.

2)  You can also experiment with the creation of various pet defecation areas within community premises. These can be imaginatively spaced out within the precincts, and you can request pet owners to train their pets into using the same. You cannot however impose fines and special charges of any kind on pet owners, because there is no mandate in law for the same.

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Dear

In this case society can install CCTV cameras in the area where these activities are more common.

Association can pass new byelaws through resolution for penalty over pet owners whose pet are involved in scratching and defecating for bearing the loss of two wheeler owners and maintenance expenses.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Being in society we need to be adjusting and stay in harmony with each other. The defecating problem can be dealt with keeping a staff and taking some additional funds for maintaining the same by pet owners. Other then that pet owners can be asked to clean the same as even the municipal corporation has laws related to the same as poop has to be cleaned by pet owners. a separate area will be great idea. The said action should be taken in a peaceful way.

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

1. The society can not stop a flat owner from keeping pets at home and letting them roam on the housing complex.

2. However this does not mean that his pets can cause nuisance to the property of other flat owners.

3. Moreover the pets are required to be immunised as well .

4. Inform the local Municipality about the pet nuance.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

See society can impose some extra maintenance with consent of all pet owners to keep extra staff and designated area for pets defecation.

And further for nuisance and damage the pet owners are responsible if there is any damage so penalty for same can be imposed the people who has suffered possess can file a complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

These rights, however, do come with duties. Pet-owners must earn the goodwill of neighbours by keeping their dogs on leash while in common areas and cleaning up after them if they soil the place.pet owners that being considerate is a must, and a basic courtesy. “Be reasonable”, is her simple, yet powerful advice to pet owners. “Exercise care. Ensure that their vaccinations are always up to date. And always walk your dog with a leash”. She signs off with the advice that being a responsible pet parent is important to ensure harmony in community living.

So talk to them as the dictum is very clear.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

if you are in a housing society first you should write complaint to the society , it is society's absolute responsibility to take action against the owners who make other residence life miserable ,it is public nuisance.

2.Make a police complaint, do not have to produce any evidence let police call them and investigate.

3.You can also approach deputy registrar of your area and file a complaint

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Why should any member who dose not have pet will bear cost of seat change. Instead pass the rule, whoever have pets, shall bear extra cleaning charges and will be responsible for damages.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

The society can arrange for a meeting for this matter.

Seek the opinions of all the members to resolve this menace/nuisance.

Pass a resolution to curb the activities which create constant nuisance to fellow members by framing certain rules and regulations to maintain the pets within the complex.

 

The Indian Constitution allows and encourages pets in apartments. Section 11(3) speaks about the Prevention of Cruelty to Animals. Article 51 A (g) states that it is every citizen’s duty to show compassion towards animals and the environment.

As far as apartment associations are concerned, the management committee can certainly come up with guidelines that help pet owners live peacefully with their pets. Some points may include:

  • Designating specific hours when pets can use the park
  • Requesting pet owners to take charge of their pets in common areas
  • Instructing pet owners to ensure that other residents are not inconvenienced
  • Directing pet owners to accompany their pets at all times
  • Requesting pet owners to take responsibility for cleaning after their pets besides training their pets to confine themselves to a certain area
  • Warning residents and their children not to tease or provoke pets
  • Advising pet owners to adhere to the Municipal Sanitary regulations
  • Pet owners shall ensure that their pets do not get into a fight with other pets

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

Some important facts that pet owners must know are:

  • No one has the right to veto owning pets in an apartment complex
  • Pet owners cannot be denied the right to use elevators with their pets
  • Pets cannot be banned from parks.
  • Pet owners cannot be asked to vacate their apartments
  • If there are notices put up forcing people to get rid of their pets, it is illegal. According to Section 11 of the Prevention of Cruelty to Animals Act, 1960, this is a punishable offense

That being said, living in a community does come with its responsibilities and by following the appropriate etiquette and being considerate of others, pet owners can live harmoniously with those who don’t.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you also really don’t want to seclude the pets from the society, but at the same time would like to have a solution for it.
  2. See, there are case laws which say that we can’t stop their entries in common areas like you mentioned above.
  3. But at the same time, there are case laws which say that defecation by the pet, will have to be take care by his or her owner only not by the society.
  4. Or they may engage a separate person to clean the same.
  5. And only they will be asked for the compensation to those two wheeler owners.
  6. I am given my answer for House per only, bit those which are there in the society but are stray dogs as they have all right to shit anywhere.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You should forward to all flat owners  pet circular issued by animal welfare of India 

 

2) http://www.awbi.org/awbi-pdf/pet_dog_circular_26_2_2015.pdf

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Best of Luck

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Thankyou for the feedback.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You are welcome for the appreciations.

Since all are going to live together cordially, better arrive at an amicable situation so that you all can maintain the same cordial relationship forever.

 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

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