Are My Condo’s Pet Restriction Rules Enforceable?

J.B. from New Haven County, Connecticut writes:

Dear Mister Condo,

My condo association has a prohibition for pets. That prohibition is in the rules and regulations section, not in the declaration or the by-laws. Is the prohibition enforceable?

Mister Condo replies:

J.B., all rules and regulations of the condo association are enforceable. The real question is whether or not unit owners will comply and will the association take action if they don’t. Unless a rule or regulation is in violation of local, state, or federal law it can be enforced at the discretion of the condo association. Rules and regulations create order and harmony for condo associations. However, some associations choose to look the other way for minor infractions so as not to create a “police state” feeling amongst residents. Pet rules are one of those areas, especially when multiple residents seem to have “forgotten” the rules. That doesn’t negate the Board’s ability to enforce the rules but it does make it challenging. Also, rules against pet residency need to be enforced across the entire community if they are enforced at all. In other words, Unit 10 cannot be allowed to keep a pet cat while Unit 15 is forced to remove a pet dog. If the Board takes action against one, it must take action against all. Otherwise, it would likely end up defending itself against a harassment or discrimination lawsuit. In a perfect world, everyone would simply follow the rules they agreed to follow when they moved in. Best wishes!