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 R. Daymude, Attorney at Law
Sherman Oaks Galleria – Comerica Bank Building
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403-3199
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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.