Governing documents preclude pets within condos

Q. The decision to purchase our condominium was based upon age requirements, location and prohibition of pets. Since living here, we became aware that several people have cats, including the president of the association who owns two cats. The covenants of the association state: "no animals... shall be kept in any unit. ... Owners and tenants with ... cats and dogs in residence as of the recordation of this Amended Declaration cannot replace such animals or add to their number." The Amended Declaration was made on May 3, 1985.

Animals which have been "grandfathered" may not be replaced.

Cats that were grandfathered in would have to have lived at least nine lives to live 22 years. What are our options?

A. The real issue is the enforcement of the governing documents, which do not allow any pets of any kind in the units, with the exception of fish in aquariums of not more than 30 gallons and birds inside cages. Animals that had been living in the association prior to the 1985 amendment were exempt from the changes in the governing documents.

The association has an obligation to enforce its governing documents.

Owners and tenants who brought pets into their units after May 1985 need to receive a violation letter from the association informing them that they have "x" amount of days to remove the pet or pets from the premises or be fined. The amendment did not allow a pet owner whose pet was exempt to replace that exempt animal upon its demise or disappearance.

In enforcing the regulation (unless someone saw a pet) most associations do not initiate any inspection of all units to determine who has complied with this amended covenant; consequently, enforcement is not consistent. The association can only enforce violations that are known.

In the reader's case, if the president's cats are not the original ones (prior to May 1985), she, too, should receive a letter informing her that she needs to remove the cats from the community.

Please note that this covenant may not be an easy one to enforce, as pet owners may challenge the inconsistency of the regulation and the discrimination in the covenants, which allows fish and birds. Although fish normally do not cause any disturbances, that may not apply to birds.

If the association and the president, in particular, decide not to enforce this covenant, the reader has the option of submitting the complaint to the ombudsman's office or to file for arbitration against the association through the ombudsman and Nevada Real Estate Division.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.