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Condo Rules don't allow pets

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QASHROB

Junior Member
Our Condo CC&R's (in California) do not specify whether owner's can (or cannot) have pets. Our CC&R's also provide that the Homeowner's Association can create "Rules". One of these rules prohibits RENTERS from having pets. California Civil Code Section 1360.5 states that owner's can have at least one pet, however it says nothing about renters. Does the HOA Rule prohibiting renters to have pets violate any California (or Federal) laws? Thank You ... QASHROB
 


ENASNI

Senior Member
QASHROB said:
Our Condo CC&R's (in California) do not specify whether owner's can (or cannot) have pets. Our CC&R's also provide that the Homeowner's Association can create "Rules". One of these rules prohibits RENTERS from having pets. California Civil Code Section 1360.5 states that owner's can have at least one pet, however it says nothing about renters. Does the HOA Rule prohibiting renters to have pets violate any California (or Federal) laws? Thank You ... QASHROB

I have read this post a few times over and even stood on my head and read it upside down.

All I can answer is...


no?
 

JWL

Junior Member
If your HOA can create rules per the docs, and they have a rule against renters having pets, and you are a renter, you can't have pets. Sorry.
 

HomeGuru

Senior Member
QASHROB said:
Our Condo CC&R's (in California) do not specify whether owner's can (or cannot) have pets. Our CC&R's also provide that the Homeowner's Association can create "Rules". One of these rules prohibits RENTERS from having pets. California Civil Code Section 1360.5 states that owner's can have at least one pet, however it says nothing about renters. Does the HOA Rule prohibiting renters to have pets violate any California (or Federal) laws? Thank You ... QASHROB

**A: let's get to the real issue. Are you the condo owner with a tenant or a tenant?
 

Snevets

Junior Member
If you are the renter, the owner can keep you from having a pet. He probably wouldn't want the pet damage. But if he does allow you to have a pet, you can have one. When he rents his house he is turning over all his membership rights to you except voting rights.
 

BlondiePB

Senior Member
Snevets said:
But if he does allow you to have a pet, you can have one. When he rents his house he is turning over all his membership rights to you except voting rights.
What a pile of crap! :rolleyes:
 
Last edited:

Snevets

Junior Member
Section 2 Assignment of Rights

Each member shall assign his or her rights as a member (other than voting rights) to a tenant residing within the member's residence. Such assignment shall only be effective so long as said tenant is residing within said residence. At all times the member shall remain responsible for compliance by the owners tenant.


I suggest asking the landlord what the governing docs say. Maybe what I said isn't a bunch of crap.
 

BlondiePB

Senior Member
Snevets said:
Section 2 Assignment of Rights

Each member shall assign his or her rights as a member (other than voting rights) to a tenant residing within the member's residence. Such assignment shall only be effective so long as said tenant is residing within said residence. At all times the member shall remain responsible for compliance by the owners tenant.


I suggest asking the landlord what the governing docs say. Maybe what I said isn't a bunch of crap.
If the Association passed a "rule that states tenants cannot have pets but owners can, the tenant cannot have pets and can be evicted by breaking the rule. It doesn't matter what one's state statutes are. This is becoming more commonplace.

You mean that tenants have the right to attend owner's meetings, BOD meetings, budget meetings, etc.?
 

HomeGuru

Senior Member
Snevets said:
Section 2 Assignment of Rights

Each member shall assign his or her rights as a member (other than voting rights) to a tenant residing within the member's residence. Such assignment shall only be effective so long as said tenant is residing within said residence. At all times the member shall remain responsible for compliance by the owners tenant.


I suggest asking the landlord what the governing docs say. Maybe what I said isn't a bunch of crap.

**A: post the entire section of your quote. Is this from CA Civil Code?
 

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