Society not allowing house dog as pet

891 votes

In response to your query, it is important to understand that the resolution passed by the Managing Committee in your Co-operative Housing Society to disallow pets is neither lawful nor enforceable. As per the Animal Welfare Board of India’s by-laws and relevant municipal laws, housing societies cannot impose a blanket ban on keeping pets, even if such a resolution is passed during the Annual General Meeting (AGM) or by a majority vote. Such a resolution is discriminatory in nature and infringes upon the rights of residents. The law explicitly protects the right of individuals to keep pets, provided they adhere to municipal regulations, such as ensuring proper vaccination and maintaining hygiene. Housing societies do not possess the authority to curtail this right through arbitrary resolutions or rules. Moreover, such resolutions lack legal validity and cannot be enforced against residents who wish to keep pets. The guidelines also prohibit discrimination based on the breed, size, or habits of the pet, including barking, as these are natural behaviors. Societies are obligated to accommodate pet owners and cannot harass or restrict them based on unfounded complaints. If the Managing Committee continues to oppose or restrict you from keeping a pet, despite your compliance with municipal laws, you have several remedies available. Firstly, you may file a complaint with the local municipal authority or the Animal Welfare Board of India to address the society’s actions. These bodies can intervene and direct the society to cease any discriminatory practices. Secondly, you have the option of approaching the Consumer Forum. By filing a complaint, you can seek an order restraining the society from interfering with your right to keep a pet and request compensation for any undue harassment caused. It is important to highlight that your right to keep a pet in your apartment is protected by law, and no arbitrary resolution or by-law amendment can override this fundamental right.

Advocate Yuvraj Satish Shinde LawRato

643 votes

It is absolutely illegal to pass a Resolution which says, that, you cannot adopt any Pets and keep it in your flat in a Housing Society. Such sort of Resolution is against Animal Rights and doesn't have any legal backing from the Indian Constitution. Legally, Society cannot disallow its members from keeping Pets

Advocate Pankaj Bajaj LawRato