HOA Homefront: Is my canine allowed?
HOA Homefront: Is my canine allowed?
Kelly G. RichardsonFeb. 20, 2024
Q: I’m hoping you can assist me with my HOA thats making an attempt to take away my daughters assist canine due to its weight and breed. They’re threatening to come back and have her eliminated as a result of she bought too large. Can they do that? It might devastate my daughter in the event that they took her canine.
S.L., Highland
Q: Our CC&Rs state that no animal of any sort shall be saved in any unit. Lately, a resident adopted a big canine. The board approached the resident and some days later she offered a letter from a psychiatrist stating that she suffers from nervousness and that the canine is a assist animal. The letter claims that the Honest Housing Act offers her the suitable to maintain the animal regardless of the CC&Rs. Do HOAs have any recourse on this scenario? The resident is a renter, not an proprietor, if that makes any distinction.
Ok.W., Redondo Seashore
A: Emotional assist animals should not pets and should not topic to HOA pet guidelines. The HOA should permit such animals as an affordable lodging, per the Honest Housing legal guidelines and laws. Nonetheless, the canine may turn into an unreasonable lodging if it menaces or bothers different residents or damages the property. HOAs can maintain the proprietor answerable for issues the canine causes. Additionally, the HOA can require that the animal be underneath the management of the person per Honest Housing Regulation 12185(d)(6). As to limiting measurement or breed, Regulation 12185(d)(5) particularly bars breed, measurement and weight limitations as to help animals.
Q: Our HOA simply fined me for renters having two canine over the 25-pound restrict within the guidelines and laws. Is that allowed? Our guidelines and laws have been up to date in 2003. I assumed Davis-Stirling outlawed the power of HOAs to discriminate primarily based on canine measurement, weight or breed.
A.B., Solana Seashore.
A: Since 2001, when Civil Code Part 1360.5 turned efficient, the legislation has protected the suitable of HOA residents to have at the very least one pet, outlined as any canine, cat, domesticated chook or aquatic animal in an aquarium. That legislation is now discovered at Civil Code Part 4715. To me, the phrase any means any canine, not simply small ones. I don’t suppose weight or breed restrictions are enforceable, as the suitable to any canine is protected. Part 4715(e) says it applies to governing paperwork amended in 2001 or later, so your HOAs 2003 guidelines must adjust to the statute.
The dimensions of a canine isnt what makes it a nuisance. It’s the animals habits and/or its care by its proprietor that may create issues for different residents. Within the guidelines, the HOA ought to give attention to the way in which canine will be dangerous neighbors and never fear about what sort of canine it’s. The sort of canine neighbors need is only a good canine. Subsequently, regulate barking, menacing, injury to property or different methods through which canine may hurt the property or different residents. Truthfully, a small canine will be simply as a lot of a nuisance as a big one, so dont fear about measurement.
For data on Honest Housing, go to www.calcivilrights.ca.gov/housing. To learn any California statute, the official web site is www.leginfo.legislature.ca.gov.
Richardson, Esq. is a Fellow of the School of Neighborhood Affiliation Legal professionals and Associate of Richardson Ober LLP, a California legislation agency recognized for neighborhood affiliation recommendation. Submit column inquiries to
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Credit: Original Article