Can You Ban Dogs in a Condominium? If You Have a Pet, Know This

In the past, it was common for condominiums to include strict rules in their bylaws, such as prohibiting pets, restricting the use of shorts in elevators, and even limiting the number of children running around in common areas. These rules reflected a different era, less aligned with current social demands and practices.

After all, is banning pets still valid?

In 2019, a decision by the Superior Court of Justice made it clear that generic bans on pets in condominiums are unjustified. This decision recognized the right of a resident to keep her two pet cats. In other words, condominiums cannot prevent someone from having pets.

This makes conventions that still attempt to impose such broad prohibitions obsolete.

Can You Ban Dogs in a Condominium? 

No, a condominium cannot prohibit you from having a dog or other pet in your unit. In 2019, the Superior Court of Justice ruled that generic prohibitions against domestic animals are invalid, as long as the pet does not compromise the health, safety or peace of the residents. This decision rendered obsolete the conventions that still stipulate these broad restrictions.

However, the condominium can create rules to ensure good coexistence, such as requiring the use of muzzles for certain breeds, vaccination certification, immediate cleaning of messes and care with noise. Specific restrictions can be applied in justified cases, but common sense and dialogue are essential to maintain the balance between the rights of the owners and the collective well-being. 

In fact, to maintain a pleasant environment, many condominiums also invest in improvements and renovations, which can be made possible through a loan for condominium works, allowing everyone to benefit from a more modern and functional space.

What about wild animals?

For wild animals, the story is different. It is permitted to create prohibitive rules when these animals pose a risk to the health, safety or tranquility of residents. In this case, there is legal support to limit their presence in the condominium.

Am I required to carry my pet in the common area?

There is no standard requirement for carrying an animal in your arms. This understanding has been overcome. However, some measures are still considered reasonable, such as the use of muzzles for dogs of certain breeds and the presentation of vaccination certificates.

Common sense is always the main guide. Rules such as cleaning up after animals, avoiding excessive noise at night, limiting the number of animals per unit, and taking care of odors are practical and justifiable measures to preserve good coexistence.

Can there be restrictions on animals' access to common areas?

Today, many condominiums already offer specific areas for pets, such as "pet places", where animals can roam and stay. In these cases, establishing clear rules of use helps to avoid conflicts and creates a more harmonious environment.

Coexistence: the secret is in balance

Exercising empathy and good communication are essential to establishing rules that promote peaceful coexistence. The goal should be to welcome the pet and, at the same time, respect the space and well-being of all residents.