Rules & Regulations

Started by ChristinaS3 • 2 replies • 1493 views

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ChristinaS3
Posts: 1

Posted:

I am an owner of a condominium/townhome/loft/free-standing home complex that is 5 years old. Approximately 2 years ago, a stipulation was added to the bylaws stating that any owner renting out his/her unit would have to have a no pet clause in the lease agreement. This, of course, is what most owner prefer anyway. However, owners who live in their units are allowed to have pets. If the rule was pertinent to everyone, I would understand it. But, as it stands, it seems to unfairly discriminate against renters, as well as, owners who choose to rent out their units. Is this legal?

GlenL
Posts: 5,429

Posted:

Here is an opinion from a CA law firm:

Renters and Pets

QUESTION: Can the board adopt a rule prohibiting renters from having pets?

ANSWER: Boards cannot adopt rules inconsistent with the CC&Rs. If the CC&Rs allow owners to have pets, that right is passed to tenants. Moreover, there is an issue of discrimination if the board treats renters differently from owners. Except for voting rights and attending board meetings, which are reserved to members only, renters enjoy all of the rights and privileges of an owner when they rent a unit.

Read more: Renters and Pets http://www.davis-stirling.com/MainMenu/MainIndex/RentersandPets/tabid/1521/Default.aspx#ixzz0xrIlmKQk
from Davis-Stirling.com by Adams Kessler PLC

SusanW1
Posts: 5,197

Posted:

That does not mean that the landlord could not make that a condition of rental, right?

I would NOT want smokers or pet owners renting any properties I own.

I should have that right, as an owner, to stipulate that in the lease.

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