A problem for boards is deciding when a dog is dangerous. For purposes of defining a "vicious" or "dangerous" dog when drafting rules, boards should consider one of the following sample definitions:

Per the CDC, the following breeds were involved in the most dog bite fatalities in the U.S. 1979-1998: Pit Bull - 76 Rottweiler - 44 German Shepherd - 27 Husky-type 21 Malamute - 15 Wolf-dog hybrid - 14 Mixed breed - 12 Chow - 11 Doberman - 10 Great Dane - 8 St. Bernard 8

1. Any dog that when unprovoked inflicts bites or attacks a human being or domestic animal or in a vicious or terrorizing manner approaches any person in apparent attitude of attack in the association's common areas; or

2.  Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

3.  Any dog which engages in, or is found to have been trained to engage in, exhibitions of dog fighting; or

4.  Any dog at large found to attack, menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or person.

QUESTION: Civil Code §1360.5 states that homeowners are able to keep "any" one dog, cat, bird etc. Breed and size restrictions are unlawful. Any refers to all animals within that species.

ANSWER: You left out subsection (a) of the statute which states that pet ownership is "subject to reasonable rules and regulations of the association." Civil Code §1360.5(a). For the safety of the membership, it is more than reasonable to impose restrictions on the size and breeds of animals.

Association's Vulnerability. Condominium associations are particularly vulnerable to aggressive dogs because interior common hallways and elevators bring owners into close contact with dogs. Owners should not have to squeeze against hallway walls to get out of a dog's way or avoid taking an elevator because a 130-pound Rottweiler is on it. Large aggressive dogs can maim and kill in a matter of seconds. Especially vulnerable are the very young and the very old. Accordingly, prohibiting Rottweilers and Pit Bulls (and other large aggressive breeds) from a condominium complex makes a lot of sense.

Aggressive Dogs. In addition to actions against owners for violation of CC&Rs and Rules, owners can be sued for violation of Civil Code §3342.5 as well as local ordinances.