There will be a town hall meeting on Thursday, August 8th from 7pm – 8pm to discuss the addition of the following language to the Pet Policy:
Small Domesticated Pets Resolution
WHEREAS, the Board of Directors: 1) has the authority to make and amend rules and regulations to supplement, enhance and clarify any of the recorded restrictions; and 2) has all of the powers and duties necessary for the administration of the affairs of the Unit Owners Association; and 3) may do all such acts and things as are not by the Condominium Act, the Declaration, or by these Bylaws required to be exercised and done by the Unit Owners Association; and
WHEREAS, Article V, Section 8 (8) provides that although the maintenance of animals, livestock, poultry, or reptiles of any kind is prohibited in a Unit, the keeping of small, orderly domestic pets (e.g. dogs, cats or caged birds), not to exceed one per Unit without the approval of the Board of Directors, is permitted; and
WHEREAS, the Board of Directors deems it advisable for the purposes of interpreting this provision to clarify what the provision means when it uses the phrase “small, orderly domestic pets (e.g. dogs, cats, or caged birds);
NOW, THEREFORE, for the purposes of clarification and interpretation, the Board of Directors deems that the phrased “small, orderly domestic pets (e.g. dogs, cats or caged birds)” as used in Article V, Section 8 (8) of the Bylaws refers to dogs, cats and or caged birds without regard to height or weight limitations and that the term small modifies the noun “domestic pets” which could otherwise include larger pets. The parenthetical is important and instructive to the Board in that each of the pets listed as examples could have been further modified by the term “small” (e.g. “small dogs; small cats”) had the drafter intended that meaning. Furthermore, if the drafter had intended to restrict permissible dogs to small dogs, it would have set height and weight limitations as is commonly done in condominium documents. The absence of such restrictions is telling. For these reasons the Board deems that one domesticated dog, cat, or caged bird, without regard to height or weight, may be kept within a Unit; any greater number requires the prior approval of the Board of Directors.