One of the items to be discussed at the August 26th MidCity Lofts homeowners’ forum is the new pet policy proposed by the Rules and Regulations committee. This new policy completely revamps the current one, but to be effective requires an amendment to the Declaration of Condominium.

Because amendments to the governing documents will be addressed and voted upon, it is really important that you attend next week’s homeowners’ meeting. For those unable to attend, ballots will be made available, and information on those will come later in the week.

For your review, here is the new pet policy as proposed by the Rules and Regulations committee:

Final Draft for MidCity Lofts Pet Policy (Requires Formal Amendment to be Effective)

1.0 Objective

1.1 The objectives of this policy are to maintain a balance between the rights of responsible pet owners and non-pet owners so that each may enjoy the common areas and amenities of the building, to protect the interior and exterior common and limited common areas of the building and to preserve the value of the property.

1.2 This policy outlines permissible and responsible pet ownership. The Board of Directors may adopt reasonable rules and regulations in accordance with these terms and as specified in the Bylaws, as delineated by Exhibit F of the Declaration of Condominium and as needed in order to carry out the objectives of this policy.

2.0 Permissible/Non-Permissible Pets

2.1 No pets, other than generally recognized house pets, are to be kept or maintained by anyone occupying any Unit. Examples of generally recognized house pets include the following: dogs, cats, fish, and birds. No exotic pets are allowed on the building premises.

2.2 No Unit Owner or Resident may keep more than two (2) dogs, cats or a combination thereof, per Unit. Notwithstanding the above and at the sole discretion of the Board, a reasonable number of generally recognized household pets weighing fewer than two (2) pounds may be kept in a Unit.

2.2.1 Policy Exception – Unit Owners or Residents prior to (xxx date) who currently have more cats and/or dogs than restricted by Subsection 2.2 will be granted an exception to the restriction. Unit Owners or Residents must abide by the other policies as outlined in this document and are restricted from caretaking for additional cats or dogs after the policy date. The Unit Owner or Resident is not permitted to replace any dog or cat in excess of the restriction as outlined in Subsection 2.2.

2.3 No owner or occupant may keep, breed or maintain any pet for any commercial purpose.

3.0 Dangerous/Nuisance/Unreasonable Disturbance

3.1 No animals that are determined, at the sole discretion of the Board, to endanger the health or safety of any Unit Owner or Resident may enter or be maintained on the building premises. Breeds which are restricted from access to the building include Pit Bull Terriers (including American Staffordshire Terriers), Doberman Pinschers, Chows, Akitas and Rottweilers, or crosses of any of the above. These breeds are not permitted to reside permanently or temporarily on the property.

3.2 No pet shall be allowed to create an unreasonable amount of noise. No pet shall be allowed to become a nuisance. Any pet which, in the Board’s opinion, creates a nuisance, unreasonable disturbance or endangers the health of any Unit Owner or Resident may be permanently removed from the building premises upon prior written notice to the pet’s owner or caregiver. Nuisance for the purposes of this policy is defined as the following:

3.2.1 Pets whose unruly behavior causes personal injury or property damage

3.2.2 Pets that make noise continually and/or incessantly causing disturbance to any Unit Owner or Resident at any time of day or night

3.2.3 Pets that relieve themselves on walls or floors of common areas

3.2.4 Pets that continually exhibit aggressive or potentially dangerous behavior

3.2.5 Pets that are conspicuously unclean or parasite infested.

3.3 Any pet which, in the Board’s discretion, presents an immediate danger to the health, safety or property of any Unit Owner or Resident may be removed by the Board without prior notice to the pet’s owner or caregiver.

3.4 Breeds which are restricted from access to the building include Pit Bull Terriers (including American Staffordshire Terriers) or Pit Bull mixes, Doberman Pinschers, Chows, Akitas and Rottweilers. These breeds are not permitted to reside permanently or temporarily on the property.

4.0 Registration/Identification/Fees

4.1 Pets must maintain all vaccinations as required by the City of Atlanta
and the State of Georgia. Dogs must wear identification tags detailing owner information and vaccination verification at all times while outside the Unit.

4.2 Pet owners must register each pet on the Pet Registration Form. If the pet is a dog or cat, a current photograph must be attached to a current copy of the pet’s rabies vaccination as provided by a veterinarian.

4.3 Pet registration will be conducted annually to ensure each pet is properly registered. Management will maintain a pet registration log. The Board may determine, at its discretion, that additional registrations are required.

4.4 Unit Owners and Residents will be notified in writing thirty (30) days before the date of the annual pet registration. All pet owners must complete the pet registration within thirty (30) days following the annual pet registration date.

4.5 Each new pet must be registered by its owner or caretaker within thirty (30) days of being introduced to and maintained on the property.

4.6 Failure to register a pet may result in the pet’s permanent removal from the property.

4.7 Unit Owners or Residents who have dogs as pets are responsible for the following registration fee.

4.7.1 Unit Owners or Residents who have one (1) dog will be assessed a $10 monthly fee. Unit owners or residents who have two (2) dogs will be assessed a $15 monthly fee.

4.8 Cats must be registered according to the policies outlined herein but are not subject to a registration fee.

5.0 Restrictions

5.1 Upon request from any Unit Owner, Resident or Management Agent, the pet owner or caregiver must provide the correct owner’s name, pet’s name and Unit number for the pet in question.

5.2 No structure for the care, housing or confinement of any pet shall be constructed or maintained outside the Unit or on any balcony, patio or porch serving the Unit without prior written approval from the Board.

5.3 Pets shall not be permitted outside a Unit unless under leash and under the physical control of a responsible person.

5.4 Pets shall be walked or exercised only on those portions on the common elements specifically designed for that purpose by the Board.

5.5 Pets in transit must be carried, leashed or confined in an animal carrier.

5.6 Pets are prohibited in the Spring Street lobby, fitness center, pool area or Sky at all times.

5.7 Leashed pets may enter or exit the building premises of their own accord through the G2 West Peachtree Lobby.

5.8 Each person who walks a pet is responsible for immediately cleaning up after the pet and discarding securely bagged pet waste in designated areas. Cat litter may not be disposed of in toilets. No pet waste may be disposed of in trash chutes or common area waste bins unless securely double bagged. Bag stations are provided each on Abercrombie Street and 6th Street for pet waste disposal.

5.9 Pet owners are responsible for any damage to the common areas caused by their pets. This includes, but is not limited to, damage caused by cleaning chemicals or other related materials.

5.10 Unit Owners and Residents are responsible for the pets of guests who visit their Units. These pets are subject to the restrictions outlined in this policy.

5.11 Unregistered pets may not stay in a Unit for more than ten (12) days, consecutive or staggered, in any one (1) year period without prior, written approval from the Board. Pets who reside in a Unit, whether the pet is owned by the Unit Owner, Resident or a guest, for four (4) days or more per week for more than three (3) weeks must be registered. These pets are subject to the policies outlined in this document including, but not limited to, registration fees for dogs.

6.0 Service Animals

6.1 Notwithstanding any other provision herein, a disabled individual may keep a service animal, as defined by the ADA (Americans with Disabilities Act), in his/her Unit. Furthermore, nothing herein shall hinder full access to the Units or common areas by individuals with disabilities.

7.0 Fines and Enforcement

7.1 Any Unit Owner, Resident or Management Agent who observes any infractions of these policies shall report in writing the infraction to the Property Manager or Concierge on duty.

7.2 If Property Manager finds sufficient substantiation of the complaint, the violator shall receive written notice of the violation and fine(s). The Board shall send the violator written notice, as per the Bylaws, identifying the violation and the fine(s) being imposed. The written notice shall advise the violator of his/her right to request a hearing before the Board to contest the violation or fine(s) or to request reconsideration of the violation or fine(s).

7.3 Any violator who has received written notice of a violation may, in writing, request a hearing within ten (10) days of the date of the violation notice. The Board shall schedule and hold, in executive session, a hearing affording the violator a reasonable opportunity to be heard. The minutes of the meeting shall contain the results of the hearing. Upon written notification to the Board prior to the hearing, the violator may be joined by additional persons at the hearing.

7.4 At the Board’s discretion, immediate arrangements for a hearing may be made if the complaint involves personal injury or the imminent threat thereof.

7.5 Fines of $150 for the first offense, $175 for the second offense and $200 for the third offense will be imposed for any violations against compliance with this policy. In addition, full monetary restitution for all cleaning and/or replacement costs for any damage resulting from violations will be imposed.

7.6 In the event of a continuing violation, each day that the violation persists or recurs will constitute a separate offense. Fine(s) may be imposed without further notice to the violator.

7.7 The Board may require the permanent removal of any pet if such pet is determined to be a nuisance or a danger to the owners or occupants of the property or if the owner or occupant has received three written notices of violations. The pet owner will have ten (10) days to remove the pet from the property.

8.0 Liability

8.1 The pet owner or person charged with care of a pet retains all liability and responsibility for the behavior of the pet including, but not limited to,
aggressive behavior, excessive noise, damage to property or any other behavior resulting in the degradation of any personal or public asset.

8.2 Any Unit Owner or Resident who keeps or maintains any pet on the property shall be deemed to have agreed to indemnify and hold the Association, its directors, officers and agents free and harmless from any loss, claim or liability of any kind or character arising by reason of keeping or maintaining a pet or pets on the property.

9.0 Policy Exceptions

9.1 All one time exceptions to this policy must be approved by a majority vote of the Board. All permanent changes to this policy must be approved by a majority vote of the Board or as defined by the Bylaws and Declaration of Condominium.