Federal & CA Laws regarding pets

Started by HelenS • 10 replies • 3975 views

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HelenS (California)
Posts: 7

Posted:

Does anyone have a copy of any laws that currently state the number of pets a homeowner may keep in a condominium residence? Is there such a law? Or is it up to the individual association to set up some rules re pets?

RogerB (Colorado)
Posts: 5,067

Posted:

Usually it is the CC&Rs which restrict type and number of pets. It is up to the buyer to know the restrictions prior to buying and not complain after they buy.

HelenS (California)
Posts: 7

Posted:

Thanks for your response, Roger.
Although you don't state it, I am assuming that there is no Federal Law or CA State Law that override our current CC&R's. Our CC&R's read "...one domestic dog (not over 20 pounds in weight) or one domestic cat...(is permitted in each residence)." No species of dog which is considered dangerous, such as pit bull, rottweiler or doberman, is allowed.

All that being legal and proper, how do we enforce the rule? Do we assess a fine for each day that the animal is kept on the premises?

HaroldS (Arizona)
Posts: 906

Posted:

Do we assess a fine for each day that the animal is kept on the premises? >>> Visions of $ signs dancing thru our heads eh? This could be a real money maker folks. You could also raise the fine every day it was ignored. Pretty soon you'd have the house. End of problem. Harold

RogerB (Colorado)
Posts: 5,067

Posted:

Helen, I would start with the attitude that the goal is to get compliance. It is not to make money or upset owners any more than possible.

First I would make all owners aware of the rules on pets.
After that if there are violations I would first send a letter asking the owner if they were aware of the rule and state they are believed to be in violation. Provide all the information on your rules and regulations on Covenant and Rules Enforcement including the fine schedule and their right to a Hearing. Also, you could ask if there are any extenuating circumstances. For example the handicaped law could override your CC&Rs for something like a guide dog.
Finally, if they still fail to comply then send a notice giving the deadline for compliance or subject to the fine after having the right to a Hearing.
With continuing non compliance follow the procedures outlined in the Rules on Enforcement. I previously posted an example Rules & Regs which can be modified to fit your situation in your state.

KathyS (California)
Posts: 145

Posted:

Excuse me everyone but there is a law stating homeowners in HOA's can have a pet.

PROHIBITING PETS

Governing documents entered into, amended, or otherwise modified on or after January 1, 2001 can no longer prohibit owners from keeping at least one pet, subject to reasonable rules and regulations of the association. Civ. 1360.5. Key elements of the statute include the following:

A "pet" means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.

"Governing documents" include the CC&Rs, bylaws and rules.

Grandfathering. If an association adopts a rule restricting the number of pets an owner may keep, the new rule cannot prohibit owner from continuing to keep any pets they owned prior to the new restriction, provided the pets otherwise conform with the previous rules or regulations relating to pets.

HelenS (California)
Posts: 7

Posted:

Thanks for this info. I have printed out a copy of Civil Code 1360.5 for our new Board meeting. This is a great help to us.

RogerB (Colorado)
Posts: 5,067

Posted:

Kathy, I presume you are referring only to the State of California.

Davis-Stirling Act Civil Code 1360.5 Limitations on Pet Restrictions

(a) No governing documents shall prohibit the owner of a separate interest within a common interest development 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.

(b) For purposes of this section, "pet" means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.

(c) 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.

(d) For the purposes of this section, "governing documents" shall 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.

(e) This section shall become operative on January 1, 2001, and shall only apply to governing documents entered into, amended, or otherwise modified on or after that date.

KathyS (California)
Posts: 145

Posted:

Correct, but that is what the poster requested, wasn't it?

BrianB (California)
Posts: 2,820

Posted:

Typically, there are no federal laws that limit animal numbers as pets. there may be some state laws that limit types of animals that can be kept as pets, and some statutes that limit breeding, kennels, animal mills, etc. that you might run across if the numbers of animals is very high (dozens, for example, of a breed or type).

Also keep in mind that typically, you will have to adjust your rules to allow assistance animals. A rule of thumb (not a rule of law) is that assistance animals are not "pets" by normal definitions, they are medically needed animals that typically are exempted from rules regarding PETS.

You can ask for proof that any animal is an assistance animal: a doctor's note is generally permissible, for example.

HelenS (California)
Posts: 7

Posted:

Thanks for the additional thoughts about service animals, Brian.
This is something that we will include in our CC&R revisions, thanks to you.

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