Pet Cemetery
Adams Stirling PLC
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PET CEMETERY

QUESTION: Is there a legal ruling regarding burial of pet remains in the common areas of an association?

ANSWER: I suppose a pet could be buried in the common areas if 67% of the membership approved an exclusive easement per Civil Code §4600. But I see potential problems. Does the owner receive the spot in perpetuity or only for as long as he/she resides in the development? Who maintains the grave site (and the vandalism that inevitably occurs)? If the grave is permanent, there should be a recorded covenant with the owner so all future owners of the unit are obligated to maintain the site. If the pet is dug up and goes with the owner when the owner moves (or dies), then a written agreement will suffice.

RECOMMENDATION: Before allowing the burial of pets in the common areas, boards should talk to legal counsel and review local ordinances related to the burial of animals. Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC