1) was any resolution passed in AGM for imposition of fine 

2) association can lay down guidelines for pets in complex 

3) 

Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society

4) Resolution should be passed by society in AGM or MC that  pet dogs would not be allowed in children play area 

The Animal Welfare Board of India has a list of byelaws for pets where it mentions that apartment complexes and their management committees have no right to make laws for pets, nor can they mandate that pet owners must keep their pets leashed. They cannot impose penalties in relation to pets.

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.

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

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

• If you have a pet then you can form groups with people who also have pets and have discussions, share notes, do and don’t s, etc.

The payment of  fines imposed by the association for the pets walking on the lawns can be denied and followed up with a civil suit for mandatory injunction  or a complaint with the prevention to cruelty to animals authorities  or a complaint with the local civic body for this unjustified penalties levied. 

It's illegal they can't make such rules. You can approach dy registrar or consumer court against the said apartment association

Dear Sir/Ma'am,

It is added to your knowledge that No society anywhere in India can levy fines for anything: they simply do not have the power. This is completely illegal. One society had earlier forbidden dogs from going in lifts. They were fined severely by the Consumer Court for behaving illegally. Resident Welfare Associations have no standing in law and therefore, any attempt to impose fines is illegal.

In this case, the Deputy Registrar of Co-operative Housing Societies has dissolved the RWA committee for illegally imposing fines

Similar case

In another case in Pune, the RWA in Lunkad Coop Society forbade a man from keeping birds. They received a letter from the DDR Zone 4 warning them that they were breaking the rules of the Coop Hsg Society Act 1960/61 in which there was no restriction on keeping pets or birds and warning them that they would be dissolved if they broke the law as no RWA can lay down its own restrictions. 

Same rules would apply nomenclature is immaterial 

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further , Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

-  Further, as per Animal Welfare Board of India, if any pet owners not violating any municipal law then it is permitted to have the same in society.

- Further, being a resident of a housing society, pet lovers should also understand that pets should not cause nuisance and botheration for others.

- Further, under Article 51 A(g) of the Indian Constitution, it is the responsibility of every citizen to behave compassionately towards living creature and animals

- Further, Section(3) of the Prevention of Cruelty to Animals Act 1960 states that it is illegal for housing societies to pass a resolution disallowing pets.

- Hence, society having no authority to fine for having a pet in the society , and you can lodge a compliant against the management of the society before the Registrar and other competent authority. 

An Apartment Owners Association (AOA) is an authority that protects the rights of the apartment owners, maintains the amenities in the apartment and works for the welfare of the residents of the apartments by conducting events or awareness programs

The Residents welfare association is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders. A Resident Welfare Association (RWA) is an integral part of modern-day societies.

Thus there is no much difference between RWA and AOA.

The rules are common

Dear Sir,

Pets Pets…..

In view of following provisions of law no one can fine the pet owners if the pets are on lawns or in the common area. They are part of human lives.

Know the Rights of Animals under Indian Law

It is vital to be familiar with the rights given to animals when you encounter people acting cruelly, or when filing an FIR reporting cruelty with the police.

To learn about your rights as animal caretaker, visit Know Your Rights.

These are the most powerful laws in place which protect animals, and how to use them:

Section 428 of the Indian Penal Code

States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of ten rupees or upwards are simple or rigorous imprisonment for up to two years, or with a fine, or with both.

Section 429 of the Indian Penal Code

States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.

The Wildlife Protection Act (1972)

Prohibits injury to any wild animal or trees under section 39.

"Animals" include amphibians, birds, reptiles and mammals and their young. In the case of bird and reptiles, even their eggs are included in this category. The exceptions are those classified as "vermin" defined in Section V. Each state has it's own list of non-human animals considered vermin.

The penalty for the person guilty of an offence under this Act is imprisonment for a term of three years, or with fine of twenty-five thousand rupee, or with both. In a second offence, the term of imprisonment will be seven years with fine of ten thousand rupees.

The Prevention of Cruelty to Animals Act, 1960

The definition of cruelty is defined under Section 11 (a) to (o). This includes (but is not limited to):

• cruelty against the person's own pet
• inhumane slaughter
• inhumane transportation
• inhhumane living conditions (even for animals destined for slaughter)
• tail docking
• ear docking.

The offender will have to pay fine which shall extend to fifty rupees. If it is the case of second offence, he will be fined with not less than twenty-five rupees but which may extend to one hundred rupees or with the imprisonment for up to three months or with both.

Any illegal killing or cruelty towards an animal should be reported to the local police station and a F.I.R. should be filed against the offender.

If the killing or cruelty is inacted upon an animal not owned by the offender, refer to Section 428/429 of the Indian Penal code and The Prevention of Cruelty to Animals Act (1960).

If the killing or cruelty is inacted upon an animal owned by the offender, refer to The Prevention of Cruelty to Animals Act (1960).

If the animal is a wild animal not defined as "vermin" by the state, or if the person is killing or injuring an animal defined as a vermin in an illegal/inhumane way, refer to The Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals Act (1960)

Dear Sir/Ma'am,

AOA is a body which is actually a society and which also conform to the state ‘apartment act’. AOA has specific powers and responsibility given by the state ‘Apartment Act’. It has control over all the flats even if all the flat owners are not the members. In AOA, the builder / developer get the lands /license and then the builder sells the flats / houses to individuals. The individual owner come together to form a RWA and then upgrade the society to AOA.

Not allowing pets in an apartment complex or housing society is considered to be a direct violation of the Constitution of India. Section 11(3) of The Prevention of Cruelty to Animals Act, 1960 further stresses on the importance of being kind to animals.

Hence, The provisions state the same.