Aquarius Condominium

Pet Rules, Regulations & Restrictions

September 29, 2015 Republication of Policy of April 19, 2012.

REAFFIRMATION: The Aquarius Condominium Association strictly prohibits pets, and the rules, regulations and restrictions herein are being adopted only for the purpose of regulating pets that are registered as grandfathered pets and/or approved service animals and/or support animals.  Service and/or support animals can obtain further exemption from particular rules, regulations and/or restrictions, subject to proof of medical need for same.  Any pet not registered within 30 days after the adoption of these Pet Rules, Regulations & Restrictions, will be subject to eviction.

As of the date of the “Republication” of the “No Pet Policy” on April 19, 2012, the following Pet Rules & Regulations apply:

1. The terms “pet” or “animal” as used and referred to in these Pet Rules Regulations & Restrictions (except as used in this very next sentence, or when obviously used in a general way, are limited to dogs and cats. The maintenance, keeping, boarding, and/or raising of pot belly pigs, reptiles, rodents (i.e. mice,  gerbils, hamsters), snakes, alligators, exotic animals, birds, ants,  and any other animals, livestock, or poultry of any kind, regardless of number, is expressly prohibited.

2. A Unit Owner (hereinafter referred to as OWNER) may not maintain more than one (1) pet in a Unit.  To the extent however that an OWNER maintained more than one pet in his/her Unit prior to the April 19, 2012 Republication, those pets shall be grandfathered and may continue to be maintained by such OWNER provided such pets are properly and timely registered, do not create a nuisance, or violate any of the other provisions governing the behavior of pets set forth herein or any rules or regulations adopted by the Board of Directors from time to time.

3. Pets cannot exceed twenty (20) pounds at maturity.  OWNERS must produce a certificate from a licensed veterinarian certifying the pet’s weight upon registration with the Association.  Notwithstanding the foregoing, any pet(s) exceeding twenty (20) pounds for which the OWNER obtained the prior written consent of the Association or which is properly registered with the Association and was maintained by any OWNERS prior to the date of adoption of this amendment, shall be grandfathered and may continue to be maintained by such OWNER provided such pets do not create a nuisance or violate any of the other provisions governing the behavior of pets set forth herein or any rules or regulations adopted by the Board of Directors from time to time.  Upon the death or removal from the Unit of any grandfathered pet(s), such pet(s) may not be replaced.

4. Domesticated pets (which are limited only to grandfathered pets and service and/or support pets) that are allowed to be maintained in a Unit, will be allowed provided such pets are: (a) permitted to be so kept by applicable laws and regulations, (b) not left unattended on balconies, terraces and patios (c) generally, not a nuisance to residents of other Units or of neighboring buildings and (d) not a pit bull or other breed considered to be dangerous or a nuisance by the Board of Directors (in its sole and absolute discretion); provided that neither the Board nor the Association shall be liable for any personal injury, death or property damage resulting from a violation of the foregoing and any OWNER and/or occupant of a Unit committing such a violation shall fully indemnify and hold harmless the Board of Directors, each OWNER and the Association, in such regard.  The following provisions shall also govern any pets on the Condominium and/or Association Property:

5. Except as specifically provided immediately below, all pets must be carried at all times when outside of the Unit and on the Common Elements and/or Association Property, while also being tethered to a leash not more than six (6) feet long.

6. At any time that a pet is being taken for a walk, it must be carried from the Unit, directly to the service elevator, and continued to be carried in the Service elevator, until taken into the lower parking garage. (If the Service Elevator is out of service or is otherwise being used for a move-in or move-out, the OWNER may carry the pet into one of the passenger elevators unless a request is made from any of the passengers already in the elevator, to use another elevator.)  In the lower parking garage the pet may be allowed to walk (while tethered), directly to the Emergency Pedestrian door (at the Southwest corner of the lower parking garage; or directly to the OWNER’S (or other appropriate) vehicle, if the pet will be traveling with the Owner, off-premises.  If the pet is unable to control itself while walking in the garage directly to the Emergency door or owner’s vehicle, it must be carried.  Pets shall only be walked off Condominium Property.  Under no circumstances shall pets be permitted in the pool area, on the pool deck or in the swimming pool.

7. OWNERS shall, as soon as possible, pick up all solid wastes from their pets and dispose of same appropriately. OWNERS shall also clean up, as soon as possible, all liquid waste and/or other liquid or semi-liquid emission from their pet.

8. Any damage to the building, grounds, flooring, walls, trim, finish, tiles, carpeting, stairs, etc., caused by a pet will be the full responsibility of the OWNER and the OWNER shall pay for any and all expenses involved in restoring damaged property to its original condition.

9. Pets may not play or exercise in the corridors, stairwells, roof, laundry rooms, or other portions of the Condominium Property (including Limited Common Areas – such as terraces), but only in the OWNER’S Unit.

10. Each OWNER agrees to underwrite the cost of necessary extermination in the OWNER’S Unit or other Units, Common Areas, Limited Common Areas, the lobby and any other part of the Association Property if the OWNER’S pet is responsible for the infestation of the building or portions thereof.

11. Each OWNER agrees to restrain its pet in an appropriate manner.  Should it be requested either for cause or as the result of a justifiable request from the Association, the Board May require the pet to be muzzled when going through public areas).  Should any pet attack and/or bite any person while on Association property this shall be grounds for the Association to require the permanent removal of that pet from the premises.

12. All cats must be spayed and declawed.

13. All pets/animals MUST be vaccinated and/or inoculated in accordance with city and county requirements, and OWNER agrees to provide the Association with verification of the animals’ health in the form of a Health Certificate from a licensed veterinarian on an annual basis.

14. All pets must be properly and timely registered with the Association and wear a special tag that will identify the pet.  The tag can be purchased at the Office at a current cost of $10.00.  Failure of any pet to wear such tag outside of the Unit in which it lives, and on condominium property, may subject the OWNER to a fine or penalty.  This rule goes into effect 30 days after these Ruled, Regulations & Restrictions are approved by the Board.

15. Renters and/or other occupants of any Unit shall NOT be permitted to maintain any pets in Units.  However, any renters maintaining any properly registered pet(s) prior to the date of adoption of this amendment, shall be permitted to continue to maintain such pet(s) until the end of the current term of their lease, provided such pet(s) do not create a nuisance or violate any of the other provisions governing the behavior of pets set forth in the Association’s governing documents. Additionally, a Renter may petition the Board of Directors of the Association for a reasonable accommodation for a service animal or a support animal, and, if granted, must strictly comply with all requirements of these Rules, Regulations & Restrictions set forth and pertaining to Service and/or Support Animals. Renters maintaining pets in violation of these Rules, Regulations & Restrictions may be evicted.  Upon being granted this request, the Renter shall be included in the definition of OWNER for purposes of these pet Rules, Regulations & Restrictions.

16. Any landscaping damage or other damage to the Common Elements caused by an OWNER’S pet must be promptly repaired by the OWNER on a timely basis.  The Association retains the right to affect said repairs and charge the OWNER therefor.  Without limiting the generality of these Rules & Regulations, a violation of the provisions of this paragraph shall entitle the Association to all of its rights and remedies, including, but not limited to, the right to fine Unit Owners (as provided in the By-Laws and any applicable rules and regulations) and/or to require any pet to be permanently removed from the Condominium Property.

17. No visitors or guests may bring an animal into the Aquarius Condominium or onto Condominium Property.

18. Pets cannot become a nuisance to other residents of the community, and must be maintained by OWNER so as not to disturb, annoy or frighten other owners, occupants and guests.  Factors constituting a nuisance include, but are not limited to, excessive barking, failure to properly clean up after the pet, aggressive behavior, etc. Should any pet create offensive noise or disturbance of any kind which deprives any neighbor of the Unit in which the pet resides, and such offended Unit Owner files a formal complaint with respect thereto, the Board of Directors reserves the right to take any action or actions allowed by law to address this situation.

19. OWNERS, pet caregivers or other designee of an OWNER shall not use the washers and dryers, located on the garage level of the buildings to launder any pet’s bedding, toys, blankets, etc.

20. Cat litter may not be disposed of in toilets. No pet waste may be dropped down trash chutes unless securely double-bagged in plastic bags.

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PROCEDURES TO APPLY FOR SERVICE/SUPPORT ANIMALS AS AN ACCOMMODATION TO THE ASSOCIATION’S PET RESTRICTIONS

The policy of the Board of Directors of the Aquarius Condominium Association, Inc., is to make every attempt to provide reasonable accommodations to disabled or handicapped residents in accordance with state and federal law.

Any owner or resident that desires a reasonable accommodation in the form of a waiver of the Association’s Pet Rules & Regulations for use of a service/support animal shall notify the Association and provide information to the Board of Directors in compliance with Federal, State or Local Fair Housing laws justifying the need for such accommodation. The information that shall be required by the Board in order to meaningfully review the request shall include:

1. A completed Application for Service/Support Animal Accommodation;

2. An executed and acknowledged copy of the Association’s Policies and Procedures Regarding Service/Support Animal Accommodation Requests;

3. A completed and executed Physician Certification Form from the prescribing physician; and

4. A completed Animal Registration Form that identifies the animal by type, breed, name, age, color and size along with a photograph of the animal (if already acquired); evidence that all licenses and inoculations have been obtained; Contact information for the veterinarian; and contact information for care of the animal under emergency circumstances.

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