For anyone who has ever taken in a stray, won a goldfish at a county fair, or indulged a pleading child with an impossibly cute kitten, the disarming charm a pet holds over its owner is self-evident. A pet becomes more than just a presence about the house, it is a loyal companion, and for many people, an extended member of the family. But in communal living situations, like in condos and HOAs, the issue of pet rules and restrictions is vital. One person’s joy must not become another’s burden. So lay out the ground rules before the situation becomes hairy—or furry, as the case may be.

“You have to protect the rights of the entire association, of everyone’s quality of life,” says Michael Cervelli, owner and manager of Cervelli Management in North Bergen. “Just as there are rules and laws for people, there are rules for our pets, as well. Each association creates its own regulations, but they’re all trying to accomplish the same things: quality of life and asset enhancement.”

While there is no standardized list of pet rules for New Jersey condos and HOAs, they often dictate the number, size, and type of pets individuals may keep. These restrictions can run the gamut from prohibiting snakes as pets to disallowing animals from roaming freely throughout a building. In certain communities, where units are on large tracts of land, for example, the size and weight limits might be much more lax than in tightly packed high rises.

According to David J. Byrne, an attorney with the Lawrenceville office of Stark & Stark, the most basic restrictions—usually regarding weight limits and the number of pets a resident may have—stem from concerns surrounding the issue of noise. A 100-pound Doberman, after all, could make quite a ruckus jumping around a studio apartment or townhouse unit just overhead. It is also common for restrictions against breeding animals. But violations of these types are rarely where true problems arise. “The practical issue is not enforcing the clear rules—with those there are objective ways to identify issues,” says Byrne.

To a degree, the responsibility of maintaining a peaceful coexistence between pets and people falls on the shoulders of individual owners. “With communal living you have to be conscious of the people around you,” says Cervelli. “If the owner of the pet takes care of his responsibilities, you have very few complaints. It’s not the poor pet’s fault if it lives with someone who is crazy or not a tidy person. What do you expect the pet to do?”

Indeed, the pets may not step up to the plate on this one. So what else should you know about the topic?

Be Proactive

In baseball there’s a saying: Play the ball, don’t let the ball play you. On the baseball diamond, not charging the ball can result in misplays, bad hops, and errors. When it comes to pets, not being appropriately proactive when it comes to establishing guidelines can also result in sticky situations.

“It’s critical for your rules to be well-defined,” says Cervelli. “If you have rules in place, everyone receives a copy of them, and they’re clear, then if someone does something in violation and they get a letter, they shouldn’t be surprised. Rules should be in place so they don’t become reactionary.”

Of course no one can think of everything. Unforeseen situations will arise—a Pit Bull lunging at unsuspecting residents, a cat skulking around unsupervised, or a pet bird singing mournful tunes into the wee hours of night—and it is the board or association’s responsibility to adopt additional rules accordingly

“That’s how we approach it,” says Woodbridge-based attorney Wendell Smith, a senior partner at Greenbaum Rowe Smith & Davis, LLP, who has written close to 500 master deeds. “If you have a provision in the master deed that says no pets, except as allowed in the rules and regulations, then you have complete flexibility for the board to tweak them from time to time, based on experience.”

But it’s not always so simple, according to Byrne. “Rules adopted by the board are harder to enforce,” he says. “A person will have to be prepared to step up or testify in court to get a person in trouble.”

Stand Up for Your Rights

Picture this scenario: A resident of your condo or HOA is out for a Saturday afternoon stroll. The sparrows are chirping and the springtime azaleas are just beginning to bud. The scene is perfect—something out of a child’s coloring book. Yet not all is as it seems. On the last lap of this resident’s pleasant walk, just as she approaches the entrance to her domicile—on a sidewalk, on a patch of grass, or even in a hallway—Mrs. Jones has an accident. What her neighbor’s dog has left behind, and her neighbor has neglected to scoop up, is now smeared on the underside of her Hush Puppies. And it stinks.

“The most difficult issue that boards have is in enforcing pet waste rules,” says Byrne. “How can you prove it’s them? An owner has to testify that they saw it, and no one wants to get involved, and as a result boards can’t do much about it. You can’t just accuse someone and take his dog away.”

Such situations are difficult for managers, who must be prudent in confronting residents. “Unless something is a health or safety threat, don’t act on any complaints unless you get it in writing,” says Smith. “You don’t want to take action, because anyone can call up anonymously. If they feel strongly enough about it, put it in writing and send it to the manager. However, that doesn’t mean if something is flagrant board members and managers shouldn’t take action.”

It’s always up to the board or association to regulate and enforce its rules, but not everything has to be a battle. According to Cervelli, engaging a situation on a personal level can engender the most goodwill and the swiftest solutions. “You should always try to have a dialogue,” says Cervelli. “Try to work with the residents, because you get far more with prevention and cooperation than with your other options. Bad blood changes the flavor of a living experience, and no one want to live under tension.”

Still, sometimes you have to catch flies with vinegar.

“If someone is doing something improper you can decide what steps should be taken based on the rules,” says Cervelli. “Fines are an option or calling the township in. And if someone’s not caring for his or her pet, you may have to call governmental agencies.”

Who Let the Dogs Out?

“Common complaints we have heard are barking dogs, crying cats, screaming or noisy birds, and odor,” says Cervelli. But extreme cases also exist, like the owner who let her dog use the bathroom outside her apartment, in the hallway. “The carpeting was replaced three times. We knew who was doing it but couldn’t prove it,” Cervelli adds. “We installed a video camera that showed the woman would come home and open the door and allow the dog to roam the hallway and do its business. It wasn’t her dog’s fault.”

The irony of the story, Cervelli points out, is that this woman was always very vocal about smudges on the entry door glass and elevators.

Companion Animals

The issue of companion animals is about as clear as mud, according to Byrne. While a service animal is easily defined—for example, a dog that helps guide a blind person or one that licks the hand of a deaf person when the doorbell rings—there’s no good authority on companion animals. Service animals, of course, are permitted in buildings and other communities where they would otherwise be barred, because of the Federal Fair Housing Act, but such privileges are not immediately extended to companion animals.

“Companion animals are for the depressed guy who lost his wife and his doctor said to get a dog,” says Byrne. “My position is a person can get a bird or some other companion that doesn’t violate the rules. In my opinion, it doesn’t require an association to waive its rules for companion animals. Of course, associations are always wary of disability claims.”

Smith agrees it’s a complicated issue. “Someone with emotional problems will claim they need a dog to soothe his emotions,” he says. “If a person is attached to a pet, to me, a bird isn’t going to do much for my emotional state. You have to deal with it on an ad hoc basis.” And it’s important to remember that allowing a one-time exception doesn’t change the rule itself.

Not in Our Backyard

State laws vary when it comes to pets. While pet interviews have become popular in states like California, for instance, a potential resident will never have to dress up Rover in his Sunday’s Best to impress a board in the Garden State. According to Byrne, pet interviews in New Jersey would only apply to co-ops, and they can’t deny an applicant for any reason other than money.

Meanwhile, across the river in New York, animals living in no-pet buildings or pets that are in clear violation of a building’s regulations become untouchable after a 90-day period if their owners haven’t deliberately hidden them and no action has been taken against them. Not so in New Jersey.

“It’s not easy for a condominium to ‘waive’ the ability to enforce a pet restriction,” says Byrne.“The board’s failure to act in relation to that violative pet, even if known to everyone, would not waive the covenant as to that owner for many, many years.” However, Byrne adds: “If the board adopted that very same rule after this owner became an owner, it would be very difficult to force the pet’s removal.”

Above all, Cervelli emphasizes that real issues with pets are few and far between, and he maintains that most situations can be handled with a degree of common sense. “People love their pets and people are usually mindful,” he says. “But if they have pets, they should always have rules.”

Raphael Kohan is a copywriter and freelance writer living in New York City.