Pets Are Allowed in HOAs
The case of Nahrstedt v. Lakeside Village arose when Natore Nahrstedt bought a condominium and moved in with her three cats, even though the CC&Rs prohibited pets. When the association fined her, Ms. Nahrstedt filed suit, claiming the restriction was unreasonable because her cats lived indoors and did not bother her neighbors. Ms. Nahrstedt lost in the trial court and appealed. A divided Court of Appeal reversed, and the association appealed. The California Supreme Court reversed and ruled in favor of the association. Seven years after Ms. Nahrstedt lost her case and moved out of Lakeside Village, the California legislature passed a bill to phase out pet restrictions throughout the state. (Civ. Code § 4715) In an unrelated piece of legislation, the Davis-Stirling Act was amended in 2006 to require all associations to adopt election rules. Arguably, this voided all pet prohibitions throughout California.
Adopting Pet Rules
Instead of relying solely on county agencies, associations should consider adopting rules against tethering and prohibitions on leaving dogs on patios or balconies for extended periods. By adopting rules, associations can levy fines for violations and also call animal control for statutory violations. To implement these changes, boards need to adopt appropriate rules. The rules must be adopted in accordance with Civil Code § 4360, which requires that, at least 28 days before the board votes to approve the proposed rules, they be mailed to the membership along with an explanation of their purpose and effect. The board then votes on the proposed rule change at a board meeting after considering any comments from association members. Then, within 15 days of voting to adopt the election rules, the board must notify the membership of the results of the vote.
Registration & Vaccination
Associations can require members to register their dogs and issue special tags for them. Associations can also require that dogs be vaccinated before registration and that owners provide proof of insurance for their dogs.
Pet Insurance
Currently, most homeowner (HO-6) policies and renter (HO-4) policies cover pet liability. However, insurance carriers are increasingly wary of pet coverage. According to the Insurance Information Institute, dog bites account for more than one-third of all owner-insurance liability claims. It also reports that 50% of all bites occurred on the owner's property. As a result, many carriers are starting to exclude pets with bite histories and aggressive dog breeds such as Rottweilers, Pit Bulls, etc. Accordingly, owners cannot assume their policies cover their pets. If they find that pets are excluded from their policy, there are carriers that offer stand-alone coverage. Given the problem with dog bites, it's understandable that boards would be concerned about owners' insurance. Dog liability insurance is typically a stand-alone policy if the owner does not live in a single-family home. In addition, dog insurance policies typically cost $300-$1000 per policy, and insurance for some dangerous breeds of dogs is more expensive.
Pets in the Pool Area
EXCEPT for service animals, associations can prohibit animals from pool areas. If someone is blind and needs their guide dog to safely maneuver to a lounge chair, the association cannot prohibit the dog. An animal in the water is a different matter. According to the ADA's website, the ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas open to the public. If someone legitimately needs the emotional support of a comfort animal to use the pool, the animal can be brought into the pool area, but not the pool itself. Only service animals properly trained to assist a disabled person in the water may go into the water. Even so, reasonable restrictions may be imposed to protect pool filters from animal fur and to ensure proper sanitation.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.