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CATS ON
LEASHES
QUESTION: Our governing documents
require that ALL pets be kept on a leash when visiting on common property areas.
Some have the opinion that cats are considered wild animals and the leash laws
do not apply.
ANSWER:
Sorry, house cats are not wild animals. House cats are also known as
"domesticated" cats. Although the house cat and its closest wild relative both
possess 38 chromosomes, they are genetically different and cannot interbreed. If
raised with little or no human contact, house cats can become feral. Adult feral
cats that never socialized with humans can rarely be socialized.
As for leashes, boards can adopt their own "leash laws" apart from any that cities and counties
might adopt. Boards can require that owners not allow their cats to roam about the
property. If owners want to walk their cats, boards can require that they (the
cats, not the owners) be on
leashes.
ONE-POUND
DOGS
QUESTION: Can a board effectively ban
dogs by requiring that all dogs weigh no more than one pound?
ANSWER: No,
they can't.
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.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC
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