Pets – Can the association prohibit a homeowner from keeping a dog or pet within his or her residential unit? Article by Barry A Ross, APC

 

 

Barry A Ross, APC

Can the association prohibit a homeowner from keeping a dog or pet within his or her residential unit?

 If the CC&R’s became effective or were amended or otherwise modified after January 1, 2001, the association may not prohibit the owner from keeping at least one pet within the residential unit, subject to reasonable rules and regulations of the association. The “pet” may include any domesticated bird, cat, dog, aquatic animal kept in an aquarium or other animal as agreed to between the association and the homeowner. If the association adopts a rule limiting the number of pets an owner may keep, the new rule cannot prohibit an owner from continuing to keep any number of pets that the owner had on the premises prior to the adoption of the new rule.

Web Lookup: Pet rules are governed by Civil Code sec 1360.5 http://&nyurl.com/hoa1358-­‐1362

Can the CC&R’s be amended to require you to remove your pets?

In Villa De Las Palmas Homeowners Association v. Paula Terifaj (2004) 33 Cal. 4th 73, Ms. Terifaj owned a condominium unit within the Association. At the time Ms. Terifaj purchased her condominium unit, the CC&R’s did not contain a restriction on pets. Subsequent to Ms. Terifaj’s purchase of her condominium unit, the Association amended the CC&R’s to state that no pets were permitted. The issue presented is whether the Association can enforce its no pet policy to require Ms. Terifaj to remove her pet when the restriction was not present in the CC&R’s at the time Ms. Terifaj bought her condominium unit. The court held that the Association is entitled to enforce its no pet policy against Ms. Terifaj, even though the no pet policy was adopted after Ms. Terifaj bought and occupied her condominium with her pet.

The Court stated at pages 79-80:

“… use restrictions in amended declarations recorded subsequent to challenging a homeowner’s purchase of a condominium unit are binding on that homeowner, are enforceable via injunctive relief under 1354, subdivision (a), and are entitled to the same judicial deference given use restrictions recorded prior to the homeowner’s purchase.”

At pages 84-85, the Court stated:

“Such restrictions may preclude alteration of building exteriors, limit the number of persons that can occupy each unit and place limitations on – or prohibit altogether – the keeping of pets.”

 -Article written by Barry A Ross, APC. To find out more information about Barry A Ross and his firm, click here

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