Pets in Condominiums: Rights, Duties and Challenges
Having pets in a condominium can be a delicate matter, with different perspectives among residents. Portuguese legislation on animals in collective dwellings establishes important regulations that must be adhered to and, in certain cases, presents challenges that need to be overcome.
In this article, we will cover the rights and responsibilities of both pet owners and other residents in the condominium.
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Legal Rights and Limitations
Portuguese law permits residents to keep pets in their homes, subject to certain restrictions. According to Decree-Law no. 314/2003, residents can have up to three adult dogs or four cats per housing unit, with a maximum of four animals in total. Exceptions allowing up to six adult animals are possible, but require approval from the municipal veterinarian and health delegate.
While the owners’ assembly can set rules for common areas, it has no authority over individual dwellings, as this would infringe on each resident’s property rights. Any prohibition on pets must be explicitly stated in the title deed of the horizontal property. Amending the constitutive title requires unanimous agreement from the condominium owners’ meeting and subsequent land registration.
Duties of Pet Owners
Having pets in apartments comes with a series of rights and responsibilities. According to Decree-Law No. 276/2001, pet owners are obligated to ensure their pets’ well-being without compromising the safety, hygiene, and tranquility of the building and its residents. This includes maintaining the cleanliness and health of the animals and ensuring they do not cause disturbances.
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Prohibitions in the Condominium
A ban on pets in condominiums is only valid if it is explicitly stated in the internal regulations included in the title deed of the horizontal property. This assumes that all purchasers of units, in a condominium with these regulations, accept these rules. If no such regulation exists, each owner has the freedom to decide whether to have pets. Any regulations prohibiting pets in individual units must be unanimously approved by the owners’ assembly and will only apply to current owners, not future ones.
Renting Apartments with Animals
In rental contracts, landlords can prohibit pets in their properties. However, this restriction can be overridden in specific cases, such as for service animals, when supported by medical and legal justification.
Noise Caused by Animals
Noise from animals, such as barking dogs, is a common concern. According to the General Noise Regulation, police or other authorities can intervene if the noise becomes excessive. In such cases, the pet owner is held responsible.
Resolve the Conflict
When conflicts arise or there are indications of animal bans in the condominium, the first step is to review the title deed of the horizontal property to see if there is an official ban on animals. If no such ban exists, the next step is to talk to your neighbors. Effective communication is crucial for resolving conflicts between condominium owners, whether they are related to pets or other matters.
Animal Abuse
Law 69/2014 criminalizes the mistreatment of pets. If you suspect that an animal is being mistreated, it is important to report the situation to the authorities so they can intervene and confirm the animal’s well-being.
Conclusion
The presence of pets in condominiums can be a source of conflict between neighbors, but the law offers clear guidelines to make sure that everyone’s rights are respected.
However, beyond legal issues and regulations, it is key to emphasize the importance of mutual respect and effective communication among residents. Conflicts related to pets can be minimized or resolved through dialogue. Pet owners should be willing to listen to their neighbors’ concerns and take steps to mitigate any negative impact their animals may have on the condominium environment. Remember, proper training and education of pets contribute to a more peaceful living space.
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