Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Noise and Pet Restrictions

A covenant, in the condominium or co-op context, is used to regulate the use, appearance, and maintenance of property. It often restricts what homeowners can do on their property. For example, some covenants do not allow homeowners to hang their laundry out to dry, have lawn maintenance standards, or prohibitions on home additions. Then there are noise and pet covenants.

Noise Covenants

A common covenant is one controlling noises, particularly during certain hours of the day, e.g., between 10:00 p.m. and 7:00 a.m. Violation of such a covenant often parallels local ordinances, so neighbors may simply contact police to immediately address the problem, then later file a complaint with a neighborhood or homeowners association for covenant violation.

Pets Covenants

Clearly, covenants may address the number and type of pets that residents may keep on their property. It is imperative that prospective residents seek out the nature of any such covenants prior to purchasing the property or bringing animals or pets onto the property. Property associations do have the right to compel removal of pets in violation of covenants. However, this generally can only be done after proper notice and hearing, followed by judgment in a court of law to enforce the covenant. Members of homeowners' associations do not have authority to enter the property of another and remove pets.

Variances

A request for a variance is a request for permission to depart from the literal requirements of a covenant. Variances are usually granted where enforcement would cause undue or unfair hardship on the requesting individual or resident. Examples include pets that exceed the size, weight, breed, or limit on number as contained in a covenant.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified real estate attorney to help you navigate issues relating to home ownership.

Begin typing to search, use arrow keys to navigate, use enter to select

Help Me Find a Do-It-Yourself Solution

Copied to clipboard

Find a Lawyer

More Options