Know Your Rights as a Pet Owner Residing in a Gated Community
Being a pet parent in a gated community can be challenging, especially when it imposes varying dog rules. Pet owners often face pressure to give up their dogs. However, Supreme Court rulings on keeping pets in apartments and animal welfare laws clearly protect the right to own pets. To ensure peaceful coexistence, the government has issued clear pet rules in housing societies that balance pet owners’ rights with community safety and hygiene. Importantly, RWAs and AOAs cannot ban pets, even through the society bylaws. Understanding these laws helps pet owners assert their rights while acting responsibly.
Read More: Top 5 Apartment-Friendly Dog Breeds
Supreme Court Ruling On Keeping Pets in Apartments
- Article 51A (g) of the Indian Constitution states that every Indian citizen must protect and have compassion for all living creatures.
- If any pets or dogs are not allowed in apartments, it is a direct violation of the Constitution of India.
- Section 11(3) of The Prevention of Cruelty to Animals Act, 1960 stresses the duty of every citizen to show kindness and compassion towards every living creature.
- Laws for dogs in India must be followed by the management committee, residents and pet owners.
Pet Rules in Apartments Issued by the Animal Welfare Board of India
The rules for dog owners in India are issued by the Animal Welfare Board of India:
Rules for dog owners in India:
- Pets are family, and when they constantly feel rushed, they must be protected and cared for, not left behind.
- Barking is a natural, instinctive behaviour in dogs and should be understood and tolerated. However, pet owners also have the responsibility to manage excessive barking, especially at night, since uncontrolled barking can lead to problems for others.
- Pets must be maintained cleanly and kept healthy. The pet owners must vaccinate their pets for the safety of others.
- There is no guarantee that pet waste is always cleaned up during walks, so RWAs should provide gated dog zones or designated pet corners for dogs to relieve themselves and for proper waste disposal.
- Pets cannot be restricted from using elevators or parks, and residents cannot be charged extra for owning a pet.
- For everyone’s safety, pets must be kept on a leash in society areas; however, RWAs cannot enforce the use of muzzles.
- Pet owners benefit from not being charged extra fees for having pets in society.
- Discrimination on pet breed or size is illegal.
- Pets are valued members of the family, and when they pass away, their mortal remains must be treated with dignity and respect, not abandoned.
- Residents may feed stray cats and dogs, but not litter, and not feed dogs in front of other residents’ living areas.
Read also: Feeding Street Dogs in Housing Society
Role of Apartment Management Committee
The residents must adhere to the pet rules in apartments and make sure:
- Bylaws banning pets should not be created, even with majority consent, because they might cause conflicts among residents.
- Do not create bylaws that can be an inconvenience to pet owners in a society, such as disallowing the use of a lift, etc.
- Keep a record of vaccination and sterilisation.
- Designate pet spots for walks, defecation, etc.
- The management committee can impose fines if pet owners are found neglecting the pet rules in apartments or if found creating a nuisance to other residents.
- Create awareness among other residents and educate them to respect pet rules in apartments and pet owners fairly, without discrimination. Make sure they don’t provoke a pet.
Read More: Society pets finally get an identity! Here’s how the Pet Management feature helps
Guidelines for Pet Owners Living in Apartments
As much as it is the responsibility of the management committee to adhere to the rules for pet owners in apartments, pet owners are equally responsible for taking care of their pets and making sure they do not cause any inconvenience to others in society. Therefore following are the guidelines for pet owners living in apartments.
- Timely vaccination is mandatory, and make sure the renewal is done every year.
- Train your pets to be obedient and behave when they are being taken for walks or to play in the society premises. Toilet training is very important. While dogs can be trained to answer nature’s call in the washroom, cats can have a litter tray.
- Always carry a scooper while walking around the premises.
- Keep your pets clean and maintain hygiene.
- Always keep your dog on a leash when taking them on walks. A muzzle is not compulsory.
- Never leave your pets unattended and unsupervised in the society complex.
- Give your dog ample exercise and playtime for a healthy lifestyle.
RWA Rules for Pets
Dogs are the most commonly targeted pets in apartment disputes. However, rules for pet dogs in housing societies must be non-discriminatory.
What RWAs Can Regulate?
- Leash usage in common areas
- Action against specific aggressive behaviour
- Pets must be regularly vaccinated, especially against rabies
- The municipal registration records of pets
What RWAs Cannot Do?
- Pet restrictions in apartments based on breed or size
- Label certain breeds as “dangerous” without evidence
- Force dog owners to vacate the premises
Society Management System by NoBrokerHood
NoBrokerHood society management system provides the tools to reinforce rules for pets in housing society and streamline pet processes in society, helping with things such as pet registration, maintaining vaccination records, and responsible pet ownership. It helps RWAs to send updates to residents about all things pet-related, including rules for pet dogs in society, and it allows residents to use the app to determine areas for dogs, track complaints in an impartial manner, and share knowledge.
The platform provides custom rule settings and educational content providing context to residents about their obligations and rights under pet laws in India, in an attempt to create a pet-friendly and harmonious environment for all.
All Solutions by NoBrokerHood:
FAQs
No, apartments cannot prohibit people from owning pets. The Animal Welfare Board of India and Article 51A(g) of the Indian Constitution give you the right to keep pets. Such a prohibition would be unconstitutional.
Yes, apartments cannot prohibit pets from using common facilities, such as lifts or parks. These are not legally supportable and violate the pet owner’s right to use all facilities.
A pet owner should keep their pets vaccinated on time, walk their pets on a leash, clean up after their pets, and maintain hygiene to ensure they do not offend other residents.
No, RWAs cannot charge added maintenance fees or specific fees for pet owners. The guidelines stipulate that no discrimination can take place on grounds of type, size or breed.
Yes, residents can feed stray animals, but this must be done responsibly without causing littering or disturbance and away from residences.