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Neighbor Disputes
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Q: |
Can a condo
association ban pets? |
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A: |
A homeowners
association can both enact and enforce such pet
restrictions. As the following case illustrates, it
important to read a development's covenants, conditions
and restrictions (CC&Rs) before you buy into it. Pet
restrictions sometimes appear there. Also, if you have
talked to other owners, you will know whether or not
there is tolerance for pets.
In the case of Nahrstedt v. Lakeside Village
Condominium Association, Natore Nahrstedt, a resident of
Lakeside Village Condominiums believed it was reasonable
for her to keep three cats even though her deed
restrictions read, "No animals (which shall mean dogs
and cats), livestock, reptiles or poultry shall be kept
in any unit."
Nahrstedt filed suit after the board assessed fines
of $500 a month against her. The California Supreme
Court ruled in favor of the association.
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