PETS: HOW TO MAKE THEM PART OF LIVING TOGETHER
Their possession in closed sets is legal and their mistreatment is penalized.
What the law says
Law 84 of 1989 establishes in Article One that: Animals will have special protection throughout the national territory against suffering and pain, caused directly or indirectly by man. However, Article Three contemplates the violation of this statute as –contractions- What does it mean? That the greatest penalties imply arrest of a maximum of 12 months, that is, they are releasable. Hence, any act that threatens animal life and well-being, be it wild or domestic, is a criminal offence.
In less tragic cases, such as the objections for the simple possession of a dog or a cat in a closed complex, Marcela Ramirez, director of Repay, explains: “The possession of domestic animals supposes the exercise of fundamental rights such as the free development of the personality (Political Constitution, art.16) and personal and family privacy “.
In addition, it refers, for example, to the ruling of the Constitutional Court in guardianship T-035/97, where it declares the importance of pets for the family: “The animal becomes an object of affection and companionship to an equal degree perhaps or superior to a person who is a member of the family or of its social nucleus, to whom special attention, care and love are given “.
The defender also adds that: “Law 675 of 2001 (on the horizontal property) in its article 74, paragraph, states that matters relating to the keeping of animals in joint properties will be determined in the condominium regulations, which cannot be arbitrary, rather, they must comply with the Political Charter and the law. That is, they cannot restrict the rights of the owners. ”
Homeowners must also attend to their duties
As it is about tolerance, it is true that owners must respect the rights of their neighbors and strive for a healthy coexistence. Nora Paton, a lawyer specializing in horizontal property and columnist for El Tempos, explains: “In addition to respecting horizontal and internal property regulations, owners of pets must keep them vaccinated, take them out on a leash and when they are potentially dangerous, also with a muzzle, and they must pick up the droppings left by their pets.”
It also points out that “the owners will be liable for any damage or injury caused by the pet and will take the necessary measures to guarantee the safety and respect of the other residents.”
To facilitate coexistence, the expert recommends that pets be registered in each residential unit by means of a census, with the data of breed, owner, private unit, vaccine and photo registered in a book.
The noise of pets
Sometimes some residents of closed complexes have asked the administrations that their neighbors, owners of animals, get rid of them, alluding to the restlessness generated by their barking. In this regard, the Constitutional Court ruled in the ruling of Tutelage T-119/98 that this argument “lacks support” and that it is “inherent in the nature of dogs to bark and it is not reasonable to require their owners to prevent it”. However, if any of your neighbors consider your pet’s barking excessive, you can request a measurement from the authorities based on the parameters established by the DAMA in Resolution # 8321/83. } Counseling: Nora Paton, lawyer specialized in the horizontal property.