Legal Question in Real Estate Law in California

HOA rule changes - dog restriction

When we moved into our house (part of an HOA) and signed the HOA paperwork, there was no dog/cat restriction. We now have 2 dogs.

Now, after 2 years, the HOA created a limit of 1 dog per household.

Does this new rule apply to all in the HOA or only new people moving in?

tks

Gerrit


Asked on 7/15/09, 11:40 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: HOA rule changes - dog restriction

Your current pets should be grandfathered until they pass away or you move them out of your home for good. Thereafter, you would have to comply with the new rules.

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Answered on 7/16/09, 1:21 pm
Scott Linden Scott H. Linden, Esq.

Re: HOA rule changes - dog restriction

It depends on the by-laws of the HOA. Usually, they can not disallow people who grandfather (pre-date) the changes, but the by-laws may allow it based on necessity or safety, or something of the like.

I recommend chacking with the HOA to see what thieir stand is on the issue. If they tell you that your other pets have to go, then demand the authority (require them to cite a section of the by-laws) for their actions regarding pets that predate the changes.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/16/09, 6:33 pm


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