The ownership of pets in residential complexes has always been a topic of debate in this type of property. Furthermore, it is an important issue to be defined by the board of directors and the assembly of co-owners of the complex.
In this publication, we will tell you what the law says about pet ownership, and what initiatives can be implemented. All this is to maintain a healthy coexistence in your residential complex.
Law on pet ownership in residential complexes
Can pets be prohibited in residential complexes?
No. Ruling T035 of the Constitutional Court of 1997 maintains that pet ownership is “ part of the right to personality development and personal and family privacy .”
In other words, people are free to have pets in any condominium property. It is also not possible to stipulate a maximum limit of pets allowed.
However, the fact that pet ownership cannot be prohibited does not mean that internal rules and regulations should not be stipulated. This is to maintain a healthy coexistence and quality of life with all the inhabitants of the condominium.
Important: When renting a property for housing, owners cannot prohibit the ownership of pets. However, you can have special clauses and agree on different rules in order to protect the property and have a healthy relationship.
How to regulate the ownership of pets in groups?
It is allowed to create sanctions for residents or owners who fail to comply with the stipulated rules. However, it is very important to mention that these fines are stipulated by the assembly and council of the complex, but not by the administrator of the condominium.
Although each property is a particular entity, when implementing the rules, it is very important that these regulations do not violate in any instance what is regulated by the Law.
For example, Law 2054 of 2020 establishes that “the transit and permanence of pets in common areas of residential complexes may not be prohibited.” Therefore, those groups that have restrictions on the movement of pets through common areas must update their coexistence manual.
In that sense, to regulate the ownership of pets in a way that does not violate the rights of having pets or the safety of the inhabitants and co-owners of the residential complex, councils, and assemblies can base themselves on the Police Code. There, the essential rules for good coexistence with pets are established.
Police code applicable for pets in common areas
The Police Code establishes in chapters II and III the measures related to the healthy coexistence of pets.
These are some of the best measures that should be reviewed and applied by residential complex administrators to have a good coexistence between pet owners and their neighbors:
Animals on a leash:
The code establishes that in public spaces, common areas, and public transportation, pets must be secured on a leash. In the case of animals of a so-called dangerous breed, they must wear a muzzle. Cats must go in special crates or suitcases for them.
Pets always accompanied:
Pets are not allowed to wander around public spaces alone. They must always be accompanied.
Always pick up pet excrement
Failure to pick up pet excrement can lead to fines and penalties inside and outside the condominium.
Do not allow them to do damage or scavenge in the trash.
The pet owner is responsible for any damage or inconvenience caused by his or her pet. Whether it’s another pet, other people, or your property. For example, if the pet damages a neighbor’s furniture or causes injuries to other pets, the owner is responsible.
What happens if there are dogs of dangerous breeds in the group?
In Colombia, there is a classification of certain breeds of dogs called “Potentially dangerous” or special handling. For this group of breeds, there is additional regulation to the previously mentioned:
- Dogs of dangerous breeds cannot be in the care of minors.
- They must always wear a leash and muzzle and adjust.
- They are required to be registered in the censuses of the corresponding mayors and municipalities.
- They must have pet insurance with Extracontractual Civil Liability coverage.
What can happen if the property has different rules than the police code?
It is very important that the rules of coexistence that include pets in residential complexes do not violate in any way the provisions of Sentence T 035. Otherwise, the inhabitants of the condominium have every right to file petition rights and guardianships. , which can be longer legal processes.
Fines cannot be charged in any of these cases:
- For the simple possession of a pet.
- For having more than one pet or exceeding a proposed limit.
- Installation of protective meshes, as long as the façade does not change.
- Mobility of pets in elevators or common areas.
Responsibility with pets in residential complexes
In addition to ensuring healthy coexistence with pets in residential complexes, it is also the responsibility of the administration and community council to ensure the well-being of animals in the event of recognizing them in abuse such as:
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