Can an HOA lawfully prohibit someone renting rather than owning a unit from having a dog?

Asked over 1 year ago - San Diego, CA

Owners in our high rise are permitted to have one dog, under 35 pounds. However, renters cannot have a dog at all. Clearly the Board is trying to discourage the owners from renting units, as we find it much more difficult to find a suitable tenant when they are prohibited from bringing their dog.
Does this rule violate Civil Code §1360.5(a) & (e)?

Attorney answers (4)

  1. Michael Raymond Daymude

    Contributor Level 20

    2

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    Best Answer
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    Answered . I am fairly certain this is an unanswered question, although I have not researched the issue. As I read the plain language of section 1360.5(a) it pertains only to “owners,” not tenants. I do not think it authorizes tenants, as opposed to owners, to keep one animal. It’s not a fight I would like to have, unless I represented the HOA or a member with extremely deep pockets.

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409
    www.mrdaymude.com

    SINCE 1974. My answers are for general information only. They are not legal advice. My answers assume California... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with the other attorneys at least in part. I believe that it is improper for an HOA to put such restrictions on an owner just because he is renting his unit instead of living in it.
    But, as the others said, this would be a very expensive lawsuit.

  3. Melania Mirzakhanian

    Pro

    Contributor Level 3

    1

    Lawyer agrees

    Answered . The CC&R's and bylaws may be another thing to look into since they owners agreed to them when they purchased the property and were probably aware of that rule.

  4. Cheryl Rivera Smith

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Daymude. Dog ownership (unless it is a service dog) is not a protected class. This would be difficult to win.

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