An association’s Governing Documents determine whether Pets can be left to move freely inside the common areas of a development or not.  In most cases, pets are not allowed outside of the owner’s premises because they are likely to cause damages such as bites and being a “nuisance” to the community. The definition of nuisance in this case being conducted in a manner that annoys, causes lack of sleep, or disturbs another unit owner in the use, possession, or enjoyment of their property.

Restrictions against the free use of a property by letting your dog pet loose wins in favor of the association because according to the governing documents, the prohibition on chaining dogs on common areas and only letting them out when walking them makes it clear that the association would have a better case in arguing the pet’s freedom in a court. In the case where an association has not taken the necessary steps to address animals that cause “nuisance” in a community, they are likely to be Held Liable for potential dog bites or causing of unacceptable noise.
The owner of the pet might also be held liable for injuries that could potentially happen in their care or if they knew the potential dangers of their pet while making it accessible to the other unit owners in the development. It is important for the board to ensure that the association has the right coverage in terms of insurance when it comes to pets and clearly state the kind of pets covered.