Apartments and Pets

niva*sis · 01-09-2022 11:05am #1

Hi all,

I am stressed to the eyeballs.

3 months ago I got the keys to my first home, a one bed apartment. When I first viewed the apartments my first question to the real estate person was I have a dog is this ok, he replied with yes and also told me that there is a private river walk for residents on the ground. Between the jigs and reels I viewed another nicer apartment in the same area and asked to same question to the real estate and they also said no issue with dog. I bought a ground floor apartment in there three months ago. All apartments have their own entrance.

my dog is quiet, won’t be there during the day while I’m at work and is never left off the lead when out and about (the back garden is communal but I only use it to hang out washing and let the dog out for a wee and again on the lead.

a neighbour was telling me recently that a lady had a dog and cat previously and someone complained because of the communal area. I have since checked all rules and see that the management company say pets are allowed in houses but not in apartments. I am guessing this is because of the communal area, either way I am stressed my dog is my world, my company and my little bit of security at night time, he goes to day care during the day, I walk him every evening and I am a responsible adult who cleans up and considers others.

has anyone been in a similar situation? I am worried Incase I am approached by the MC. I’m my eyes I own my apartment so having a dog inside my four walls should be fine, if he was causing a hinderence to others then that is a problem of course but he isn’t.

I would appreciate anyones advice, I am having sleepless nights with worry when this should be such a happy time after so many years that I have been able to buy my own place.

thanks

Dav010 · 01-09-2022 1:42pm

From experience of being a director of an OMC, there tends only to be a problem with a pet, when there is a problem with the pet causing a nuisance. Noise of course being the main one, and fowling the common areas. If you stay onside with your neighbours, often they will let you be, if your dog disturbs them/you fall out with them, that is when the trouble starts.

Unfortunately your “inside my four walls” viewpoint does not stand on multi unit developments. You agree when purchasing your apartment to abide by the OMC rules, if that includes no pets in apartments, then it was something to consider at time of purchase.

Don’t worry unless you have to, the rules are there to stop badly behaved pets and inconsiderate owners from disturbing others, you sound like neither.

niva*sis · 02-09-2022 6:45am

https://www.boards.ie/discussion/comment/119553967#Comment_119553967

Hi Dav010

thanks so much for your reply, i know 100% my pet won’t be a hinderance to anyone because he is well behaved and well looked after and like I say he is only there with me in the evenings and at night time. In this case you are right I am not going to worry unless I truly have to. 👍🏻

Marcusm · 02-09-2022 9:23am

https://www.boards.ie/discussion/comment/119557766#Comment_119557766

Hi Niva sis

dog owner here. I agree with Dav’s view that most people will let sleeping dogs lie and not cause a fuss so long as your pet is not a nuisance. In that respect, I think you’re making a mistake using the garden for urination. That may lead to a valid ground for complaint if, eg, the urine causes discolouration of the grass. If your dog is a bitch, some residents might confuse the piss squat with a poohing action etc. Try to bear in mind how your actions like get be perceived as much as how they actually are.

Otherwise noise nuisance such as barking etc is more likely to be a trigger issue.

As regards the washing, are you the only one to hang it in a communal garden? For most apartments this would be absolutely forbidden and might likely antagonise even pet lovers.

niva*sis · 02-09-2022 12:13pm

Hi Marcus,

Thanks for your post.

With regards to the dog urinating all ground floor apartments have there own small patio area so my dog just goes near that, we don’t walk the grounds of the communal garden, in fact I have yet to see someone use the communal garden. But thank you I will of course keep this in mind, it is usually dark at night before bed when he goes out u less he tells me otherwise 🙂

With regards to washing most of us have built in washing horses onto the walls so that is what I use, only the ground floor apartments have these. Again I have yet to see someone else use there’s. These are on the wall of the individual apartments so they wouldn’t be be long clothes lines, it’s literally like a clothes horse mounted on the wall, very neat and tidy.

my dog is very chilled, the only thing he barks at is the postman which he won’t see because of the way the apartment is situated and also because he is not there during the day.

thanks so much for your reply. I’m just worried about the busy bodies who just like to complain about things out of boredom of their own lives 😔

Marcusm · 02-09-2022 1:31pm

The clothes horse sounds interesting if it was a pre fitted feature as most apartment leases have a prohibition on drying clothes on balconies and terraces. It’s definitely one of the things which gets on the wick of other residents and it could be a touch point to make a complaint about your dog if the building prohibits pets. Have you checked your lease? Not all prohibit pets and some will simply require that they not make noise. It’s best to know what the rule is as any enforcement action is at your cost.

niva*sis · 02-09-2022 2:12pm

Hi marcusm

I don’t have a lease as I bought the apartment, we are in an enclosed area at the back so no one can actually sees the clothes only other residents. The balconies are not supposed to hang clothing out but there is a balcony that does so and is visible from the entrance to the apartments, it doesn’t look great being honest. They seem to always do it too so I’m not sure if they have been told to stop or if they just continue to do it.

The rules say pets are allowed in the houses but not in the apartments. I am guessing the only reason being is that the garden is communal but I feel it is unfair that a house less than 10 meters away from me can have their pet but I don’t have permission to have mine ☹️

Claw Hammer · 02-09-2022 4:51pm

https://www.boards.ie/discussion/comment/119559870#Comment_119559870

Most likely your have a leasehold apartment. All apartments built before 2009 were leasehold.

alwald · 05-09-2022 10:44am

How can a no pet rule be enforced by the OMC in case of a non compliant tenant/apartment owner?

Marcusm · 05-09-2022 11:34am

https://www.boards.ie/discussion/comment/119559870#Comment_119559870

Unless you own the land from the ground up to the sky you definitely have a leasehold interest together with a share in the OMC which owns the freehold.

if there is a covenant in the lease precluding pets and hanging of washing the OMC could instruct you to cease the nuisance, ie remove Botha. However, the only way to actually enforce it is to get a court order. That could be an injunction against you breaching the lease (in which case failing to adhere to the injunction is contempt of court) or it could be forfeiture of the lease, ie have to move out.

I would wager that neither have been obtained in Ireland in significant numbers in the past 100 years, ie you probably have little to worry about, but it’s still worth being cautious.

Dav010 · 05-09-2022 12:47pm

https://www.boards.ie/discussion/comment/119573245#Comment_119573245

How do you enforce any legally binding contract?

The_Conductor · 06-09-2022 3:17pm

It really depends- I was made dispose of a tropical aquarium- as my downstairs neighbour was worried it would rupture and damage her apartment. The same neighbour also made a complaint to the management company when I got some plants (trays of strawberry plants) for my balcony- to allow the kids do a little gardening. And she also blocked plans to get a sand pit for the kids to play in the communal area (there are 12-14 young kids in the building.

Whether you get away with keeping a dog (or any other pet) will depend entirely on your neighbours- and unfortunately, regardless of how onside you imagine them to be, occasionally you will have a few nutters who are determined to create mayhem.

mea_k · 21-10-2022 9:05pm

Some complaints are litterly silly. I moved in to flats with my engish bull terrier. Safe to say I moved out 1 month later - because neighbour said dog is extremely dangerous.

1) dog never bit anyone.

2) I litterly carried dog in and out of building so he wouldn't make carpets dirty with mud from outside or accidently have wee.

3) dog did not bark at passers by, or did not react anyone knocking.

He had wrote 14 letters in a month to managment company to remove me from property.

The man just had issues at the time, I was bodybuilder those days, and he felt intimidated by female and her dog. I see the old man every day, he is still single. With no family and slowly decaying in his flat. And that speak volumes.

Caranica · 21-10-2022 9:51pm

OP you asked the estate agent but not your solicitor? Tbh I'd have a huge issue with the solicitor if they didn't go through all the development rules with you. Ours went through them with a fine tooth comb.

Apartments and Pets

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