QUESTION: If associations can no longer
prohibit pets, can they restrict them to goldfish only?
ANSWER: No.
As provided for in
Civil Code §1360.5,
boards cannot restrict pets to fish only. They must allow at least one bird,
cat, dog, or aquatic animal. Owners can pick which
one, not boards. However, boards can restrict size, number and breeds of the
animals.
QUESTION: Our CC&Rs state "two usual and ordinary
household pets..." I have one domesticated pet rat
(lives in a cage). Usual and ordinary is
subjective and not clearly defined. Rats, hamsters, gerbils, ferrets are common
everywhere. Could there be any issue with the type of
pet I have?
ANSWER:
You are right about it being a bit subjective.
Boards are allowed to make reasonable interpretations of "usual and
ordinary" household pets. As provided for in
Civil Code §1360.5, allowable pets include any other
animal as agreed to between the association and the homeowner. This could
include rats, hamsters and gerbils.
QUESTION: When for years a blind eye has
been turned, can the board arbitrarily start to enforce the rules? Specifically,
one pet is
allowed per unit, many have more than two or more. Can the board demand that
everyone go back to
one pet?
ANSWER: The
board could reestablish enforcement against new violations, but old
violations are generally grandfathered. The board
must give notice to everyone that it will not allow any further violations
before it starts enforcement. The board should talk to legal counsel about how
best to restart enforcement.
Sincerely
yours,
Adrian Adams, Esq. Adams Kessler PLC
——
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Adams Kessler
A Professional Law Corporation
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——
QUESTION: Our CC&Rs state "two usual and ordinary
household pets..." I have one domesticated pet rat
(lives in a cage). Usual and ordinary is
subjective and not clearly defined. Rats, hamsters, gerbils, ferrets are common
everywhere. Could there be any issue with the type of
pet I have?
QUESTION: When for years a blind eye has
been turned, can the board arbitrarily start to enforce the rules? Specifically,
one pet is
allowed per unit, many have more than two or more. Can the board demand that
everyone go back to
one pet?
