can cc&r's prohibit pets in CA?

[eveline518]

I purchased my condo in November 2001.

The cc&rs I received (last revised 1989!) state there are no pets allowed. California Civil code 1360.5 states the following:

1360.5. (a) No governing documents shall prohibit the owner of a
separate interest within a common interest development from keeping
at least one pet within the common interest development, subject to
reasonable rules and regulations of the association. This section
may not be construed to affect any other rights provided by law to an
owner of a separate interest to keep a pet within the development.
(b) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the association and the homeowner.
(c) If the association implements a rule or regulation restricting
the number of pets an owner may keep, the new rule or regulation
shall not apply to prohibit an owner from continuing to keep any pet
that the owner currently keeps in his or her separate interest if the
pet otherwise conforms with the previous rules or regulations
relating to pets.
(d) For the purposes of this section, "governing documents" shall
include, but are not limited to, the conditions, covenants, and
restrictions of the common interest development, and the bylaws,
rules, and regulations of the association.
(e) This section shall become operative on January 1, 2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date

When I discovered this, I asked a lawyer friend if he interprets this the same way I do, since I "entered into" these governing documents (cc&rs) in late 2001, he agreed with my interpretation. I went ahead and rescued a dog from the shelter, she's a 5lb dog that I have enrolled in obedience training and no one had even noticed her until recently 3 neighbors saw me with her (all separate occasions) and they were very confrontational, accusing me of breaking the condo rules, 2 threatened to go to the board even after I told them I had found this code that to my understanding allowed me to keep a pet.....SHOULD I BE WORRIED? CAN THEY FORCE ME TO GIVE UP MY DOG? If it helps my case it was my psychiatrist who suggested having a pet can help decrease a mild case of anxiety I have.

Thanks!

[Cedrus]

Do the CC&R's specify what are "pets"? Does anyone else have a cat, bird or fish tank?

Why not get your lawyer to write a letter to the board giving his interpretation of the rules?

[Zigner]

Originally Posted by eveline518

(e) This section shall become operative on January 1, 2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date

The DOCUMENTS became effective in 1989 - well before the 2001 date listed...

[Alex23]

Looks like you're going to have to decide what's more important to you: your apartment or your dog.

[cyjeff]

I just want to add that therapy dogs are not currently given the same access as service dogs.

To be a service animal, it must be specifically trained to do tasks for their disabled person.

Just being someone to talk to does not count.

[HomeGuru]

Originally Posted by cyjeff

I just want to add that therapy dogs are not currently given the same access as service dogs.

To be a service animal, it must be specifically trained to do tasks for their disabled person.

Just being someone to talk to does not count.

**A: well it may count if the dog talks back.