Apartment association can’t ban people from having Pet Animals.No Societies Act does not prohibit members from keeping pets and no society can pass by-laws to ban pets or families with pets from society premises.

Its your mistake to approach the association president, Secretary to seek permission The society may-by majority vote- make a by-law against pet ownership, but that is only on the valid grounds of continuous nuisance created by such pets. Even such a resolution may not be binding on occupants as it would have to be tested for legality in court. An apartment association have a right to make rules for the benefit of its members but the law has to be reasonable and not impinge an individual’s fundamental freedoms and right to life.

You have to ensure that the dog has valid license and has been certified by a veterinary doctor of having no contagious and infectious disease. It has received all its vaccines.Take care of the health and hygiene of your pet dog.

1. The society has no right tostopyou fromkeeping the pet athome,moreso,if it is not cuasing any nuisance in the complex.

2.The absence of any such bye laws would make this more hard for them.

3.Soignoretheir dictat and continue to keep the pet.The society cannot do anything.

4. If they illegally restrain you from keeping the pet then inform the police.

1. Why did you even talk to the society prior to bringing the dog home? You did not require any prior consent from the society. Many societies are disallowing the pets but this is illegal. Nobody can stop you from keeping a dog in your apartment/house unless there is a clause in the sale deed itself which prohibits pets from being brought inside the apartment.

2. To stop a person from bringing and keeping a dog as a pet in his flat/house is an attack on the right to life and liberty of a person under article 21 of the constitution.

3. Dare the society to do anything it can to make you oust the dog. If society creates some nuisance like denying the stairs to the dog then go to the civil court and file a suit for permanent injunction against it.

4. Even barking by a dog at other residents of the apartment is not a legal ground to throw the dog out. If dogs wont bark, who else will.

you are at liberty to keep a dog in your flat

2) The Animal Welfare Board of India has passed by-laws on keeping pet dogs in apartments. If you are living in a society apartment, you should be aware of these laws and make sure no one harasses you for keeping a pet in your apartment

Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.

3) you can file complaint against association before consumer forum and seek orders to direct society not to restrain you from keeping pets

Denying pet-owners the right to use elevators or common areas with their pets has been held to be deficiency in service by a consumer court in Maharashtra. Your society cannot issue ‘edicts’ and restrict rights available to citizens to keep companion pets. You could approach the Court against the society if they are too adamant.

Sir ,you are the resident of the society and the owner of the property... It's your decesion whether to keep a pet or not..The RWA cannot stop you or interfere in your peaceful possession.. Legally they cannot take any action neither they can restrain you for keeping a pet

You have a right to keep the dog in your apartment and no association can take this right from you and if unilaterally they decided to send you a notice you can send a complaint to the registrar of societies or to the police station, stating that I am being harassed unnecessarily.

No other member has a dog in the Society?

Regards

1. Keeping a pet dog in own flat is not illegal and I do not think that the bye law of your Association stipulates against such keeping of pet dog.

2. Hence, the Association or its Secretary can not direct you to discontinue your keeping dog in your apartment without showing any reason.

3. In any case , if the situation so demands, the Association can direct you to ensure that your dog does not create nuisance or disturb your neighbours or other flat owners in any way citing example of its committing such nuisance or disturbance to others

4. Do not communicate with the Association in this regard and ask them to inform you in writing about their said decision in case they approach your wife further asking her for the said discontinuance.

5. On receipt of their said letter, if any, you should give them a fitting reply.

6. Meantime, you shall have to be doubly sure that your dog does not create any nuisance of disturbs your neighbours in any way.

The condition prescribed in bye law with regard to pet is not sustainable in the eye of law. You can approach Consumer court for getting a remedy if the association infringed your rights

Bye laws restraining keeping of pets cannot be legally enforced

2) you should rely upon circular issued by animal board wherein it has been held that no ban can be imposed on keeping pets by association even as per the bye laws

You're true. No such bye-law can have precedence over the laws of the land and upon your fundamental rights. Whether or not you signed it is immaterial. You may challenge their edict to remove the pet from your flat in a court of competent judicature.

Any RWA cannot ban residents from keeping pets even by obtaining a consensus.

The introduction of any sort of a ban on residents keeping a pet cannot be introduced even if majority is in favor of such a ban.

There cannot be any discrimination on size of pets allowed in the housing society.

Dog Barking is not a valid reason to impose any pet related ban.

Any ban on keeping pets cannot be introduced even after amendment of society bye-laws and regulations.

Banning pets is direct interference with fundamental freedom guaranteed to the citizens as per the constitution.

Any pets and resident owners of the pets not violating any municipal law are permissible to stay in the society or community.

Pet owners can be requested to keep their pets on leash when in common areas.

Negligent pet owners can be fined if their actions cause any trouble to other residents.

Since there is no central law requiring cleaning of pet excreta, RWA can request pet owners to clean the same.

RAW however cannot impose a fines or special charges on pet owners in case of pet excreta in common area or community premises.

Pet owners must train their pets to use the same area for excreta each day without causing trouble to other residents.

Intimidation: No RWA or member can intimidate a pet owner into giving up or abandoning of his or her pet under any circumstances.

I forgot to mention. My association does have a bye law that says that residents cannot keep pets in their home. But I believe such a bye-law is invalid as it prevents my personal rights (I don't know what rights it comes under) to have pet animal in my home. Does my Apartment association's bye law take precedence over my personal rights? Can they say that I have signed it and therefore cannot have a pet at my home?

According to the constitution of India, an apartment should not ban the keeping of animals in an apartment and the Section 11 (3) states Prevention of Cruelty to Animal Act, 1960. It is also against article 51 A (g) of the Indian Constitution wherein, it is the duty of every citizen to have compassion towards animals, living creatures and improve the natural environment.

Any RWA cannot ban residents from keeping pets even by obtaining a consensus.

The introduction of any sort of a ban on residents keeping a pet cannot be introduced even if majority is in favor of such a ban.

Banning pets is direct interference with fundamental freedom guaranteed to the citizens as per the constitution

Any association can incorporate any clause in the byelaws but not every clause is enforceable through law. Tomorrow an association can include a clause in its byelaws that says that you cannot keep old parents in your home. A clause in a byelaw which curtails the basic rights of an individual i.e the right to enjoy the property in the manner he desires, has no force of law, and thus courts cannot enforce it. Within your house you are the master of it, nobody can dictate to you as to whether you can keep a pet or not. The right of a title holder of a property to enjoy his property peaceably includes the right to give shelter to any human or animal, of course you cannot keep as a pet an animal which has been declared as an endangered species or which law prohibits you to keep as a pet. Just ensure that your dog does not poop inside the lifts or in the staircase, but even if he does this it can only authorize the association to impose penalty, if any, on you, yet it cannot evict your dog. Dogs too need a home.

They can impose that condition on you if you have signed it previously.

Regards