• Rule with respect to pets by Apartment Association

Respected Team,
I am a resident in an apartment where the committee has included a rule with respect to pets & pet owners in the Rules & Regulations charter.

Below is the stated rule:
“Residents keeping pets with themselves should take them outside the apartment campus for reliving their natural calls. A fine of Rs 1000 per instance will be charged to the residents whose pets are found reliving their natural calls (pee/poop) within the campus”

- Can the committee even enforce and publish such a rule ?
- Is this rule not in voilation of The Prevention of Cruelty to Animals Act, 1960 ?
- Can a resident pet owner serve legal notice to the committee against the above rule ?
Asked 2 years ago in Constitutional Law

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8 Answers

In the absence of central or state laws requiring cleaning of pet excreta by pet owners, association 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. Association can, of course, request them to do so.

2) Association can not impose restrictions as to when you should take the pets out of the flat for walks in the common areas of the society 

 

3) housing society cannot ban a pet from using common facilities like lifts and parks or impose a fine or special charge for the same.

 

4) you can issue legal notice to association against imposition of fine on pet owners whose pets are found answering their nature calls within the campus 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

1. Such condition is not justified. To keep complex clean duty be casted upon owner to clean the calls. 

2. Yes. Owner should be directed to remove the call. 

3. Yes. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

No society has any such power to impose a fine legally. Only the local municipality has such powers. Write to the society to withdraw its illegal rule forthwith. However, a moral duty is cast upon the residents in such multi-dwellings that they take proper care of their pets so that they are not a nuisance or threat to fellow residents. Also, it is their moral duty to clear the pet droppings in the common areas themselves, as in done in the USA and other Western countries, from the point of view of hygiene and healthy ambience inside the residential complex.

Swaminathan Neelakantan
Advocate, Coimbatore
3069 Answers
20 Consultations

Dear Client,

In the absence of specific central or state laws mandating pet owners to clean up after their pets, housing associations do not possess the authority to impose any rules, regulations, or by-laws that make it mandatory for pet owners to clean up pet excreta. However, the association does have the right to request pet owners to responsibly clean up after their pets for the well-being and cleanliness of the community.

Furthermore, housing associations do not have the power to restrict the timing of when pet owners can take their pets for walks in the common areas of the society. Pet owners should be allowed to use these spaces responsibly and at their convenience, as long as they clean up after their pets.

Additionally, it is unlawful for a housing society to prohibit pets from utilizing common facilities such as lifts and parks or impose fines or special charges for pet owners using these amenities with their pets. Discrimination against pet owners in this manner goes against their rights to access the same facilities as other residents.

If the association attempts to impose fines on pet owners whose pets are found relieving themselves within the campus, the affected individuals have the right to issue a legal notice to the association. Such fines are not enforceable without proper legal backing or relevant legislation. Pet owners are encouraged to be responsible for their pets and clean up after them, but the imposition of fines without legal grounds is unacceptable.

 

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

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:

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

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- 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, the society cannot enforce such hard rules 

- Yes, it is a violation of the Prevention of Cruelty to Animals Act, 1960 

- Yes, being a member of the society , you can serve a legal notice to the committee 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

It’s illegal. Residents are only bound to clean the poop if done by their pets

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Hi, The Apartment Association has every right to frame rules and it is not violation of the any law. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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