Birds and Fish
There are five classes of vertebrate animals on the planet: mammals, birds, fish, reptiles, and amphibians. The Davis-Stirling Act states that members can have at least one domesticated bird, cat, dog, or aquatic animal kept in an aquarium. (Civ. Code § 4715)
Mammals and Birds. Cats and dogs fit into the mammal category, and associations must allow them, provided they are domesticated. Small birds such as canaries, parakeets, cockatiels, and parrots are considered domesticated and acceptable pets. Large birds such as crows, vultures, turkeys, and eagles are not.
Amphibians and Reptiles. The statute does not provide for amphibians or reptiles. Amphibians include salamanders, frogs, and toads. Reptiles include turtles, snakes, lizards, alligators, and crocodiles. Small turtles are harmless, and association rules generally ignore them. Some like lizards, such as geckos, iguanas, and bearded dragons. Sometimes, rules are needed about taking them into the common areas.
Fish. Fish are not listed as a category in the Davis-Stirling Act. Instead, it states that homeowners are allowed to have "aquatic animals." The provision includes fish. It also includes sea snakes since they qualify as aquatic animals, of which there are 69 species. They have paddle-like tails for swimming but lack gills and must surface to breathe. Homeowners are allowed to have them in their aquariums.
Banning Snakes in HOAs
Associations can ban snakes as pets. The water moccasin, also known as the cottonmouth, is semi-aquatic. It is venomous, and its bites can be fatal. The problem with water moccasins and other "water snakes" is that they are semi-aquatic and not confined to water. They can leave their tanks and slither into adjoining condominiums. Snakes have an uncanny ability to find their way into walls and ceilings or out open windows and doors into the common areas and neighboring units.
Except for pythons and boa constrictors, non-venomous snakes are harmless. Even so, no one wants to see a black snake emerge from under their couch or open a closet door and find a python. Pythons can grow to 23 feet and weigh up to 250 pounds. A large python can easily strangle or crush a person to death. In 2015, one nearly crushed a store owner to death before police pried it off him. It was wrapped around his head, neck, and torso. In 2013, two young brothers were strangled in their sleep by a python. In 2009, a python crushed the life out of a two-year-old girl while she slept in her crib.
Recommendation: Other than sea snakes, boards can prohibit reptiles generally, and snakes in particular, as pets. Boards can address the issue by adopting rules. Associations are not required to grandfather existing snakes.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.