Condo declaration overrides board rules on pets

By the Editorial Team · Sunday, August 16, 2026

Condominium declarations take precedence over board-adopted rules, meaning pet bans or other restrictions must be formally amended through owner approval to change, and boards have clear responsibilities for damage repairs and member eligibility. Failure to enforce these provisions properly can lead to fiduciary breaches and increased liability, emphasizing the need for boards to adhere closely to governing documents and state law.

A condominium association’s governing documents typically set the rules for pets, damage responsibilities, and board membership, but conflicts between these provisions can create confusion for unit owners and boards alike.

In situations where the condominium declaration conflicts with rules and regulations adopted by the board, state law generally gives precedence to the declaration. For example, when a declaration explicitly prohibits dogs in units but the board later approves rules allowing certain dog breeds and weight limits, the declaration remains controlling. Under Section 4.1 of the Condominium Act, rules cannot override a prohibition contained in the declaration unless the declaration itself violates the law. Board members who fail to enforce such provisions may be breaching their fiduciary duties. However, boards might be prevented from retroactively enforcing dog bans against owners who have come to rely on a temporary waiver of enforcement, though they are required to enforce the declaration prospectively. To permit dogs in the future, the declaration must be formally amended following the unit owner approval process outlined in the governing documents.

Liability for damage caused by leaks from common elements also falls under the condominium framework. When a common water pipe causes damage inside a unit, the association is generally responsible for repairing building structures such as drywall, including providing a primer coat of paint, as per Section 12 of the Condominium Act. Unit owners are typically responsible for their own personal property and finishes such as paint and flooring and are usually required to maintain homeowner’s insurance covering such losses. Additionally, if damage worsened due to the board’s intentional neglect—for instance, a board president refusing to promptly call a plumber after a leak was identified—the association could face further liability.

Board membership rules are also clearly defined. While all board members must be unit owners, a single unit with multiple owners cannot be represented simultaneously by more than one owner on the board. According to Section 18(a)(1) of the Condominium Act, if multiple individuals own one unit jointly, only one may serve as a director at any one time. This restriction aims to promote fair representation and prevent undue influence by a single unit.

These clarifications underscore the importance of boards complying strictly with condominium declarations and relevant statutes. For changes to longstanding rules such as pet policies, associations must follow formal amendment protocols, and boards should exercise their powers diligently to manage maintenance issues and comply with eligibility requirements for board membership.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.