With an increasing number of families keeping pets in gated communities, conflicts often arise between pet owners and managing committees regarding hygiene, safety, and use of common areas. One common issue is pets defecating in basement areas such as parking spaces or access corridors. Understanding the legal position, applicable bye-laws, and mutual responsibilities is essential to maintain harmony in the society.
Right to Keep Pets in Housing Societies
Under Section 3(11) of the Prevention of Cruelty to Animals Act, 1960, it is unlawful for a housing society to pass a resolution that completely bans pets. This position has been consistently upheld through guidelines issued by the Animal Welfare Board of India (AWBI). Pets are legally regarded as companions and part of the family, and their presence in residential premises cannot be prohibited by society bye-laws or resolutions.
https://saptakala.com/booksTherefore, a managing committee cannot penalise, harass, or restrict ownership of pets, including their movement within society premises such as lifts or common passages.
Role of the Society and Managing Committee
While pets cannot be banned, societies are well within their rights to regulate the use of common areas to ensure hygiene, safety, and convenience for all residents. The managing committee, preferably with the approval of the general body, can frame a Pet Policy in line with AWBI guidelines.
The society may:
• Identify designated areas for pets to walk, play, and defecate
• Ensure such areas are away from children’s play zones, senior citizen areas, and high-traffic common spaces
• Provide reasonable arrangements for feeding of stray animals
• Prescribe behavioural norms without being discriminatory or punitive
Basement areas, particularly parking zones, are generally not meant for defecation due to hygiene risks, ventilation issues, and inconvenience to residents. The society can discourage such use through policy, provided alternative areas are made available.
Responsibilities of Pet Owners
Pet ownership comes with clear responsibilities. Pet owners must:
• Ensure their pets do not create unhygienic conditions in common areas
• Immediately clean up if a pet defecates in any common area, including basements
• Use leashes in common areas to prevent accidents or fear among residents
• Cooperate with the society in implementing a reasonable pet policy
Failure to clean pet waste can be treated as nuisance or misuse of common areas, and the society may take proportionate action after following due process.
Handling Complaints and Disputes
In case of disputes, the society should not act arbitrarily. Complaints must be addressed through a Complaint or Grievance Committee, giving both parties an opportunity to be heard. Penal action, if any, should be reasonable, non-discriminatory, and backed by bye-laws or general body resolutions.
Conclusion
Pets cannot be banned in gated communities, but pet owners and societies must work together to ensure cleanliness and peaceful coexistence. Defecation in basement areas can be regulated, not by prohibition of pets, but through designated pet zones, responsible ownership, and fair enforcement of rules. Mutual respect and compliance with law are the keys to resolving such issues.
