Pet Owners Can Be Responsible Tenants
I am in the process of moving to a new apartment. I know that you have written before about pet rules in condominium associations, can my landlord also place restrictions on me and my new best friend, my cat Abigail?
Chris, San Diego, California
Chris, we have written before, here, generally about rules and regulations that can be, and are usually imposed upon pet owners of condominiums.
Although case law in each state may vary, within reason the landlord can restrict and in some cases, even entirely prohibit, the occupation of condo, a single family residence or an apartment by a pet.
We have noted before that Hawaii is one of the more aggressive states with individuals advocating for animal owner’s rights.
The Hawaiian Humane Society, has an article that suggests that pet owners plan ahead for their moves and be proactive with their new landlords to alleviate potential problems with their animals.
Some of their suggestions are…
"...Make your request to have a pet to the individual or group who has the ultimate authority to grant you permission. Usually, this will be the owner of the house or apartment. The owner may, however, delegate the decision to a property manager or resident manager. Check to see if, in addition to your own landlord’s approval, you must also submit written request to the building’s board of directors or a pet committee.
Invite the landlord to “interview” your freshly groomed, well-behaved pet, possibly at your current home, to show that your pet has not caused any damage.
Provide your landlord with letters of references from previous landlords.
Responsible pet owners take good care of their pet’s health. Offer copies of health certificates showing that your pet’s vaccinations are up-to-date, and maintain an active flea and tick control program.
Have your pet spayed or neutered. An altered pet is less likely to create a nuisance.
Offer to sign a pet addendum to your rental agreement that makes you responsible for possible damage to property, injury to others, or any pest infestation caused by your pet.
Let the landlord know that you keep your cat inside and your dog under control at all times and that you understand the health and safety benefits of doing so.
If you are seeking a rental unit in a condominium, request a copy of the building’s house rules pertaining to pets. Let the landlord know that you will abide by the rules set for the broader community and respect the concerns of residents who do not own pets.
Once you obtain permission to have a pet, be sure to get it in writing. If your lease has a “no-pets” clause in it, simply getting verbal permission is not enough. The “no-pets” clause should be crossed out of the lease before you sign it and be sure it’s crossed out on the landlord’s copy, too..."
This list is by no means comprehensive, but it is certainly a good starting point for you and your prospective landlord to make sure that you are on the same page before you make a new move with your pet.
Be a responsible tenant and a responsible pet owner.
Use Door Signs for Emergency Pet Information
We try to discuss and address all issues of planning for the well being of your pets.
Estate Planning.
Emergency Powers of Attorney.
Caretaker and Trust arrangements.
Today, we remind you that your home is obviously also the home of your pets.
They deserve a safe haven as much as you.
But, you have the ability to plan and help yourself in an emergency situation and they do not.
One simple way to minimize emergency problems for you and your pets is the use of signage for your doors and windows.
These small signs act as both a warning and an alert for others.
They advise strangers entering your home that there are pets present inside.
And, in an emergency situation, as in the case of police or firefighters in your home, the signs can act as a direction arrow to increase safety measures.
In addition, these signs can contain emergency contact information for the pet owners, veterinarians, pet sitters and others.
Two free sources for this documentation are the Humane Society and PetPlace.com
You can go to these sites, download and print the stickers for free and then…use them.
Planning for you and your pets…everyday and emergency…it is a good idea.
Full Moon Drive Your Pets Crazy?
We have all heard the anecdotal stories from hospitals, news outlets and police reports stating that a full moon always brings the “crazies and loonies’ out of the woodwork.
We have even personally observed bizarre behavior and said, “Must be a full moon.”
Well, I recently came across a study completed by the American Veterinary Medical Association.
Although the report was originally published last year, I found it to be very interesting.
The study was completed by Raegan J. Wells, DVM; Juliet R. Gionfriddo, DVM, MS, DACVO; Timothy B. Hackett, DVM, MS, DACVECC; Steven V. Radecki, PhD Veterinary Medical Center, Department of Clinical Sciences, College of Veterinary Medicine and Biomedical Sciences, Colorado State University, Fort Collins, Colorado.
The purpose of the study was to determine the frequency of canine and feline emergency visits with respect to the lunar cycle.
The study was based upon the clinical records of 11,940 dogs and cats that were evaluated on an emergency basis during an 11-year period.
The emergency types were categorized as animal bite, cardiac arrest, epilepsy, ophthalmic, gastric dilatation-volvulus (a twisting of the digestive tract that leads to partial or complete obstruction and a reduction in blood supply), trauma, multiple diseases, neoplasia (the formation or existence of tumors) or toxicosis (the harmful effects of a poison, including any disease).
The results were…
“Of 11,940 cases, 9,407 were canine and 2,533 were feline. Relative risk calculations identified a significant increase in emergencies for dogs and cats on fuller moon days (waxing gibbous to waning gibbous), compared with all other days.”
The study went on to report…
“The results suggested that more emergency room visits occurred on fuller moon days for dogs and cats. It is unlikely that an attending clinician would notice the fractional increase in visits (0.59 and 0.13 more canine and feline visits, respectively) observed in this study at a facility with a low caseload. If the study is repeated at a facility with a robust emergency caseload, these results may lead to reorganization of staffing on fuller moon dates.”
So the next time that your dog howls, without any obvious reason, at the full moon, maybe it is more than a coincidence.
Lunar cycle effects causing injury or illness to your pets?
Who knew?
Maybe we need to watch our pets a little more carefully during a full moon.
I dunno…can’t hurt, can it?
Support Your Local No-Kill Animal Shelter
I had the pleasure this past week of meeting with Mr. Andy Reed, the Director of Development for The Humane Society of Naples.
Over a cup of coffee, we discussed the challenges of his organization and others like his, in a similar position, during these times of uncertainty and the apparently declining economic climate.
Andy pointed out that the vast majority of funds that come into the shelter are from private individuals and animal lovers in general.
“We are very pleased that The Humane Society of Naples is Collier County’s only physical no-kill animal shelter,” said Reed. “We do our best to work with owners and prospective adoptees to place the animals that we receive in a good and safe environment.”
Reed said that they have established a “Remaining Best Friends” Program at The Naples Humane Society.
Andy and this staff will work with families, their financial advisers and their estate planning attorneys to help guide and shape the future of their pets.
Reed suggest to all animal owners, that they follow at least three simple steps for their pet's future;
Set up a plan for an emergency caregiver for pets using the appropriate legal documentation and instructions for necessary care.
Use a will to properly provide for the long term care of pets after the owners are no longer around to do so.
Set up a Pet Trust that can be used for the pet if the owner becomes incapacitated or ill during their lifetime.
Northern Trust recently published a survey of wealthy families. In Wealth in America 2008, Findings from a Survey of Millionaire Households, they reported that charitable giving among families with $10,000,000.00 to invest decreased dramatically from 2005 to 2006.
Many individuals (42%), not surprisingly, reported in the survey that they supported causes in which they personally believed.
The survey also reported that 60% of those families would eventually give 10% or less of their estate assets to charities. One-half of that same group plans on no charitable bequests at all, from their estate assets.
Reed told me that approximately 30 to 40 % of the private support for his shelter comes as gifts from estates.
Your monetary support is invaluable to animal shelters.
Your monetary support is absolutely necessary to maintain animal shelters.
We often outline the vital components of estate planning for your pets, here and here.
You will need to choose a beneficiary who will receive any remaining funds that are not used by the Pet Trust.
If you designate an animal shelter as that alternate beneficiary, you can be sure that you provide the necessary care and protection for the well being of your pet and, just maybe, leave a legacy as well.
Burial, Cremation or Alkaline Hydrolysis for Your Pet?
We have discussed before, here, that one issue to consider as a key component of your Pet Trust drafting is the final disposition of your pet.
After you are long gone, eventually your pet will also die and someone or some entity will be responsible for following the final directives that you have set out in your Pet Trust or will.
We usually talk about two options after death; burial or cremation.
However, recently the web is a buzz about a new option…dissolving bodies in lye and flushing the brownish, syrupy residue down a drain.
BioSAFE Engineering LLC, located in the small town of Brownsburg, Indiana, is producing cylinders for a process called alkaline hydrolysis.
According to the BioSAFE website…
...Alkaline hydrolysis is a process of an elevated temperature and pressure to convert the proteins, nucleic acids, and lipids of all cells and tissues, as well as infectious microorganisms, to a sterile aqueous solution of small peptides, amino acids, sugars, soaps, and electrolytes. The alkali itself is consumed in the process by generating the salts of the hydrolysis products. The only byproducts of the process are the mineral constituents (ash) of the bones and teeth of vertebrates. These are soft enough after the organic matter has been degraded to be easily crushed (even by bare hands) and recovered as calcium phosphate powder (sterile bone meal).
The WR2 Tissue Digestor™ consists of an insulated stainless steel pressure vessel with a manually or hydraulically clamped lid. The unit is supplied with a basket to contain bone remnants. All wetted parts are 316-L stainless steel alloy, and all vessels are ASME pressure rated and certified. All electrical components are built according to NEMA standards. The system is fully automated; allowing unattended operation after the unit is loaded...
What does this mean?
The equipment that they manufacture provides the access for a process that converts animal, human, and microbial tissues into a sterile, neutral, aqueous solution suitable for disposal to a sanitary sewer.
Apparently the time and cost for this procedure depends on the size and weight of the human or animal being processed.
The Associated Press recently reported in a story by reporter Norma Love that
..."No funeral homes in the U.S. — or anywhere else in the world, as far as the equipment manufacturer knows — offer it. In fact, only two U.S. medical centers use it on human bodies, and only on cadavers donated for research.
But because of its environmental advantages, some in the funeral industry say it could someday rival burial and cremation.
"It's not often that a truly game-changing technology comes along in the funeral service," the newsletter Funeral Service Insider said in September. But "we might have gotten a hold of one."
Currently, only the states of Minnesota and New Hampshire have legalized this process for humans.
Apparently, some 40 to 50 facilities use the cylinders developed by BioSAFE on human medical waste, animal carcasses or both. The users include veterinary schools, universities, such as the University of Florida (for cadavers) pharmaceutical companies and even the U.S. government.
The liquid residue from human tissue and animal carcasses can simple be poured down the drain.
I am not, in any manner, advocating the use of the process.
The thought of pouring my pet down the drain is a little appalling.
However, many people retain the ashes from a cremation of both humans and pets and place them on the mantle or a shelf.
I am not sure how much different this would be…a little decorative bottle, rather than an urn.
I don’t know…
It is your choice.
I am just presenting another viable option for your consideration.
Estate planning for your pet. Think about it, discuss it, make some decisions and then act on your plan.
Pet Value Issue is Raised Again
The Associated Press reported a story that once again touches on the value of a pet to its owner and family.
Is it only personal property, as originally defined by the courts and the legislatures?
Only an object, like a chair, a book or a car radiator?
Certainly not to the owner of the pet.
But, as the law slowly continues to evolve, as we have noted here and here, the only recourse for a distressed pet owner may be for the dollar value and not the emotional value of the loss.
In Duluth ,Minnesota, the driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.
According to the reported story,
“Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.
Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.
Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.
Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.
"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."
The story further provides that the pet owners have filed a $2,400.00 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester.
Clearly as the owners, their loss far exceeds the dollar property value of their pet and any replacement. However most state laws still restrict their ability to be fully compensated.
It remains to be seen if there are other legal issues to be raised in this case. Is there a local leash law and if so, was it followed, where did the accident occur in the roadway, was the driver distracted or inattentive or was this simply an unfortunate accident?
We will try to follow up with this case and advise.
Meanwhile, you are responsible for your pets and their future.
Accidents will happen, but obey the local laws for your pets.
Protect them.
Plan for their future.
Remember Mr. Ely’s comments… once you get them, they are your responsibility.
No Pet Trusts in Connecticut
I live in Barkhamsted, Connecticut and have a two year old Otterhound named Oscar. Can you tell me if my state recognizes pet trusts?
Kacey
Kacey, we went straight to the source on this one.
According to Sandra Norman-Eady, Chief Attorney, during the 2005 regular session of the Connecticut General Assembly, an Act Concerning the Creation of Trusts for the Care of Domestic Animals, was introduced to the legislature.
“The bill authorized trusts for the care of domestic animals that are alive when the person who created the trust dies. It allowed a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, or any other legal entity to be selected as trustee.
Under the bill, the trust would have terminated on the earlier of the following occurrences: (1) when the animal died, or if the trust was created to provide for the care of more than one animal, when the last surviving animal died; or (2) 90 years after its creation.
A person appointed in the trust could enforce it. If no one was named, the bill allowed a court to appoint someone to enforce it. It allowed a person having an interest in the animal's welfare to ask the court to appoint a person to enforce the trust or to remove a person appointed.
The bill specified that trust property authorized to care for an animal could be applied only for its intended use, except to the extent the court determined that the trust's value exceeded the amount required for the intended use. Except as otherwise provided in the trust, property not required for the intended use had to be distributed to the settlor, if living. (A settlor is the person who creates a trust and transfers property to it. ) Otherwise, it had to be distributed to the settlor's successors in interest. The bill permitted a trustee to be designated as the person who received the trust assets when the animal the trust benefits died.
The bill was referred to and voted out of the Judiciary Committee. However, it ultimately died in the Judiciary Committee upon recommitment by the Senate.”
No additional legislation has been passed in this area.
Therefore, Connecticut remains in the minority as one of only eleven states that does not recognize a statutory pet trust.
We have written before however, here , that you can still provide for your pet's future with an inter vivos trust or with a will provision in your current estate plan.
Contact your legislators if your want Connecticut to join the main stream of thought in this area.
With or without a statutory pet trust, you can do estate planning for your pets.
It is the responsible thing to do.
Fleas Are No Small Problem
We were on the BART train, underground in a tunnel, in San Francisco, when the dreaded “call missed” message appeared on the cell phone.
It was dreaded because the number indicated that the call was from our friends down the block at home, who were taking care of our dog, Anna, while we were away for a long weekend wedding.
As it turned out, the host dog had just been diagnosed and treated for fleas and the Vet had suggested that we needed to treat Anna as well.
All in all, a bad call, but not life threatening.
Or was it?
While not all areas of the country are faced with this tiny problem, we soon found that fleas feed on animal blood, more frequently in cats and dogs and can trigger problems including skin irritation, tapeworm, allergic reactions, anemia, the plague, typhus and in rare cases, death.
Jean Sanders of whowhatwherewhenwhy.com explains the basic problem with fleas and the inability to stop them…
"Fleas are probably the most successful creatures on the planet in terms of reproduction. There are over 2,400 species and they are difficult to control for a variety of reasons: One female flea will produce 25,000 offspring in one month. An unfed adult can live for several months. The chemicals used to eradicate adult dog fleas have no effect on the eggs. Fleas are very good at mutating to resist new pesticides.
Fleas are a menace to dogs! They cause allergic dermatitis, tapeworms, and anemia. Most of the eggs are not laid on the dog but in the dog's bedding, in the rug, and on the furniture. It is extremely difficult to eradicate fleas completely. The most you can hope for is to control them and to keep your dog reasonably comfortable during the warm, moist flea season."
There are numerous commercial products sold to pet owners to control fleas.
Generally speaking, these products may or may not be effective to control these insects.
Many pet owners use garlic or brewers yeast to attempt a more natural approach to the problem of infestation. Although again, their success rate is merely antidotal.
More frequent doggie baths are also recommended.
In any case, a seemingly mild case of irritation can eventually turn deadly if not properly and quickly treated.
In this case, estate planning for your pets includes seeking the necessary medical treatment plan from your Vet at the first sign of any flea problem.
Do not assume that the issue will simply resolve itself.
Remember, you are responsible for your pet.
Plan accordingly…
Rules and Regulations--Pets and Condos
Besides companionship and affection, many authorities cite medical benefits, as an added feature, that animal owners can derive from living with their pets.
The Center for Disease Control (CDC) states;
“…Most households in the United States have at least one pet. Why do people have pets? There are many reasons. Some of the health benefits of pets are listed below.
Pets can decrease your:
Blood pressure
Cholesterol levels
Triglyceride levels
Feelings of loneliness
Pets can increase your:
Opportunities for exercise and outdoor activities
Opportunities for socialization
Many groups support the health benefits of pet ownership. You can learn more about the health benefits of pets and how to keep your pets healthy by visiting the following sites…”
However, many pet lovers do not live in a single family residence, but reside, or want to, in a condominium community.
They may have lost a spouse, want to downsize their living space or simply no longer wish to keep up the regular tasks associated with home ownership including lawn care, pool treatment or regular maintenance duties.
But many pet owners have discovered that most, if not all, condominium associations either totally ban or severely restrict the ability to have a pet.
Although many pet groups are attempting to change the laws in their state regarding the restriction for pets in condo communities, currently California is one of the leaders in this legislation.
In effect since January 2001, the law now provides that no governing documents shall prohibit the owner of a separate interest within a common interest development (co-op, condominium etc.) from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association. This section may not be construed to affect any other rights provided by law to an owner of a separate interest to keep a pet within the development.
A pet is defined as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.
In addition, if the association implements a rule or regulation restricting the number of pets an owner may keep, the new rule or regulation shall not apply to prohibit an owner from continuing to keep any pet that the owner currently keeps in his or her separate interest if the pet otherwise conforms with the previous rules or regulations relating to pets.
Governing documents include, but are not limited to, the conditions, covenants, and restrictions of the common interest development, and the bylaws, rules, and regulations of the association.
If you are a pet owner and considering a move into a condominium community, make sure that you carefully review the Declarations and Restrictions that govern the community as well as the Rules and Regulation of the association as they may affect your pet ownership.
You certainly do not want to enter into a purchase agreement and then find that your pet cannot move with you.
You should also check your respective state legislature for proposed or pending legislation regarding these restrictions and become involved to change the laws if you so desire.
Remember, be proactive, provide and plan for your pet’s future.
Pet Power of Attorney or Health Care Proxy?
If I already have a separate Power of Attorney for my six year Dalmatian, Danny, do I really need a Health Care Proxy? To me it just seems like a duplication of paperwork and excess money to spend.
Beau Aliceville, Alabama
Beau… good question.
Your Power of Attorney can specifically acknowledge ownership of any of your pets, provide identification via a v-chip or natural markings and set out in great detail the exercise and feeding habits of Danny (good name by the way). If you become incapacitated, the Agent named in the Power of Attorney will know exactly what regime to follow.
Your Pet Power of Attorney should also grant the Agent the sole and exclusive right to take temporary custody and control of Danny or to appoint someone else, perhaps better equipped to do so. This alternate may be your Vet or a pet hospital.
You need to provide for some type of access to money for the Agent, to take care of your pet when you are unable.
As to your specific question, although I have never personally encountered this problem, I have heard of a situation where a Vet for whatever reason would not accept the Power of Attorney appointment as providing the necessary consent for medical treatment. The Vet advised that he would have treated the animal in an emergency situation, but not otherwise.
As you are aware many individuals have both a Power of Attorney and a Health Care Declaration appointment in their estate planning package for someone to make medical decisions on their behalf for exactly this reason...so there will be clarity and no indecision of treatment.
Perhaps, as out pets move more into the family circle, we will need to provide more complete documentation for third party acceptance.
Sometimes change can be good… and sometimes change can…
