In a significant ruling, a Chennai court has declared that apartment owners’ associations are not authorized to impose fines or restrictions on pet owners within their premises. The decision comes after a contentious resolution by the Management Atrium Owners Association in Tiruvanmiyur was deemed ‘illegal’. The court stated that such regulations infringe upon the rights of pet owners.
The case was initiated by Manorama Hiteshi, a 78-year-old resident of a gated community and a pet dog owner, who challenged the association’s by-laws that prohibited pets from using apartment lifts and mandated fines for pet-related offenses, such as defecation in common areas. The fines were set at Rs 1,000 for a first offense, escalating to Rs 3,000 for subsequent offenses.
After a dismissal of her initial petition by the City Civil Court in July 2023, Hiteshi appealed the decision. The subsequent ruling by Additional Judge L Abraham Lincoln overturned the prior judgment, affirming that apartment associations do not possess the legal right to penalize pet owners.
Judge Lincoln stressed the importance of cooperation and mutual understanding between pet owners and apartment associations to effectively manage issues like pet waste. He proposed the adoption of a “scoop-the-poop” policy and warned against any practices that might pressure pet owners to relinquish or abandon their pets, noting the potential increase in stray animals and associated risks.
“Intimidating a pet owner into surrendering or abandoning their pet not only violates the law but also exacerbates the problem of stray animals. Such animals, unaccustomed to street life, are more likely to be involved in or fall victim to accidents,” stated Judge Lincoln.
