If condominiums ever go to the dogs you can bet, right up to your last dollar, that the last breed of dog they go to will be Pitbulls.
Pet restrictions are found in virtually every declaration of condominium in the state of Florida. The restrictions are written by lawyers, but the limitations placed on pets are usually dictated by developers claiming to be listening to their marketing departments; or maybe they are listening to the little voices speaking to them inside their heads which come from their own prejudices, personal fears or past experiences.
Some pet restrictions are species-based. (“No dogs or cats, but cockatiels and rattlesnake hat-bands are okay.”)
Some pet restrictions are based on breed. (“Cats okay. Dogs okay as long as they are not Doberman pinchers, Rottweilers, bullmastiffs, cadaver dogs, or that wrinkly-breed that always makes me want to rush out to the nearest hospital for an emergency face-lift.”)
The majority of pet restrictions seem to be weight based. (“No pet that weighs more than 35 pounds. No pet-owner that exceeds 21% body fat. Oh, wait…”)
If you think this is funny, well, what may be funnier is that all of these restrictions are likely to hold up in court. (Except the one about body-fat.)
Florida’s Condominium Act, Section 718, gives condo developments tremendous latitude in pet restrictions. As long as the rules are clearly spelled out in the governing documents and consistently enforced throughout the association, they will usually be upheld.
Efforts to change the limitations after-the-fact, once recorded with the county clerk, become something beyond ”tough”. Most declarations require a 2/3rds majority for passage of any amendment, including those that allows such things as a fierce, fat, Fido onto the property as a permanent resident.
Pet-loving, potential condo buyers should read the declaration carefully before signing on the dotted line and if they do not see anything specifically addressing the issue of pets, they should not take the word of the real estate agent or seller of the property that none exists. They should contact either a board member of the association or an officer (not an employee) of the association’s management company in order to get a definitive answer to the question of pets that are allowed by owners, or by renters, of the property.
When asking keep in mind: there are always restrictions. The likelihood that NO pet restriction exists in the governing documents of a condominium is about as likely as Pitbulls replacing Dalmations on fire-engines. (They may not be as pretty but then again, you don’t have to worry about anyone messing with the firehoses.)
Posted by tedkbrown 