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PETS IN CONDOMINIUMS.
This
article is written as a result of a question regarding if there are
any provisions in the Civil Code or other Mexican law that regulate
having pets in a condominium unit. The short answer for that
question is: No.
Provisions
for Pets should be considered and established in the Condominium
Rules and Regulations. If an administrator requests that you remove
your pet from the apartment, and the rules and regulations of the
condominium do not contemplate such action, he/she does not have
the legal right to ask you to remove your pet.
It is very important,
if you are planning to buy an apartment and if you already have
a pet, to read or have your attorney read the rules and regulations
of the condominium. Some buildings will allow certain pets, under
a certain weight and size restriction; while other buildings have
a strict pet policy and do not allow you to keep other animals than
say fish. If you already own a condominium unit and have a pet, and the administrator or the condominium board requires you to remove it because other owners are complaining about the noise, the hair, the size, the waste, the smell or any other reasonable and/or unreasonable circumstances, you must first read or have your attorney read the rules and regulations to see if your building has any restrictions regarding pets. If they do, find out what the restrictions are and establish if your pet(s) are in violation of the rules and regulations and finally, see if you can do anything, if possible, to ameliorate or correct the situation.
If
the building still wants you to remove your pets, you will then
have several options such: let go of your pets, move to a different
building or fight the building. If you think you are being treated
unfairly, you should try to convey this to other owners who will
have the ultimate decision regarding your pets. Perhaps you will
be able to convince owners to modify the rules in order to allow
cartain pets in your building.
I
do not recommend that you violate the rules and regulations of your
building. If your condominium rules and regulations strictly forbid
certain pets (dogs, cats, birds, etc) and you refuse to remove them,
then the condominium building can, if a majority of 75% of owners
approve, take you to court and sell your apartment unit based on
that violation of the rules. This of course is not easy for either
side since it involves time and money.
If your building has
no rules regarding pets, and some owners complain, you should try
to follow reasonable precautions to limit the contact between owners
and your pets or at the next homeowners meeting the majority of
homeowners may establish rules and regulations that forbid pets
in the condominium and you will have to remove yours. Retroactivity
(Grandfather clause) does not apply to these type of situations.
You have to be informed
(like whether or not you can have a pit bull); you have to be reasonable
(I am sure no one appreciates you keeping a singing parrot on the
balcony of your apartment); you have to take extra precautions (Do
not let your cats roam freely throughout the building) and most
of all choose your pets well. There is a difference between having
a kitty than a python. ALEJANDRO NIŅO MERINO |