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Q.Can apartment association bar me from keeping a pet dog in my flat.

Q. Can apartment association bar me from keeping a pet dog in my flat.

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Anonymous

posted 1 year ago

I want to keep a pet dog in my apartment but the Apartment Association has made a bylaw that no pets will be allowed in the apartment. Please let me know hat should I do?
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A. dear client,You can keep pets with you. No RWA can restrain you from that.

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Deepak Bade

Experience: 9 Year(s)

Responded 1 month ago

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A. No. But Pl check the RWA's clause too.

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ARPIT BATRA

Experience: 11 Year(s)

Responded 5 months ago

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A. Dear concerned,
If you want to keep a pet dog in your apartment, your apartment association can't restrain you from keeping the same with you. Even making such kind of by-law is considered as the violation of laws because Article 51A (g) of the Constitution casts a fundamental duty on every citizen of India to have compassion for living creatures. You can also read "Guidelines- with respect to Pet & Street Dogs, and their Care-Givers, and for Residents' Welfare Associations and Apartment Owners Associations" issued by the Animal Welfare Board of India vide its circular dated 26th of February, 2015. For more information, contact a good legal practitioner from the Vidhikarya platform having good knowledge of animal laws.

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Gopal Bansal

Experience: 1 Year(s)

Responded 5 months ago

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A. untill and unless there is some danger of biting /injury/loss from your pet to any person, your liberty can n't be taken awayof keeping a pet . Foe details, be free to contact us through vidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 6 months ago

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A. You can keep pets with you. No RWA can restrain you from that. Google guidelines for pet dog from Animal welfare board of India website

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GANESH SHARMA

Experience: 3 Year(s)

Responded 8 months ago

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A. Ask the Association to remove that clause. If refused go to Deputy Registrar and complain

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A. Appartment association can bar you from pet dogs but now there is latestest act for pet dogs and guidlines for pet dogs enacted by supreme court to keep pet dogs in appartments

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gopala krishna

Experience: 19 Year(s)

Responded 1 year ago

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A. First of all the Apartment Association cannot make a rule or bylaw to bar a flat owner from keeping a pet (dog in your case). This rule or bylaw is invalid and void as there are no such laws made/enacted by any legislation, neither by Centre or State. The Association cannot, on its own will, make a rule which is not equitable and appear more like high handedness of the office bearers. Assume a scenario where the apartment was bought by an owner, having a pet dog, from the builder and once the owner moved in the association comes up with this rule.
What the owner will do? Is he going to abandon the dog or give it away to someone. Certainly not!
The rule made by the Association is not correct and they need to amend it or else you may move the court against it.

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A. They cannot make by laws like that because keeping a pet is at your discretion. You have to ensure that the pet kept by you is not harming anyone either knowingly or unknowingly as because in that scenario you shall be liable for making good the damages.

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Vedant Lakhotia

Experience: 3 Year(s)

Responded 1 year ago

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