Civil Code §1360.5. Limitations on Pet
Restrictions (Davis-Stirling)
(a) No governing documents shall prohibit the owner of a separate interest
within a common interest development from keeping at least one pet within the
common interest development, subject to reasonable rules and regulations of the
association. This section may not be construed to affect any other rights
provided by law to an owner of a separate interest to keep a pet within the
development.
(b) For purposes of this section, “pet” means any domesticated bird,
cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to
between the association and the homeowner.
(c) If the association implements a rule or regulation restricting the number
of pets an owner may keep, the new rule or regulation shall not apply to
prohibit an owner from continuing to keep any pet that the owner currently
keeps in his or her separate interest if the pet otherwise conforms with the
previous rules or regulations relating to pets.
(d) For the purposes of this section, “governing documents” shall
include, but are not limited to, the conditions, covenants, and restrictions of
the common interest development, and the bylaws, rules, and regulations of the
association.
(e) This section shall become operative on January 1, 2001, and shall only
apply to governing documents entered into, amended, or otherwise modified on or
after that date.
The law enacted in 2001 allowed existing pet prohibitions to be grandfathered in, so that the section prohibiting pet bans applies only to governing documents which are “entered into, amended, or otherwise modified on or after January 1, 2001.”
If you had an existing pet provision in your governing documents prior to 2001, and you have not amended your governing documents, that provision is still valid. If you have amended the document with the pet restriction, then the restriction is no longer valid and your association must allow all owners to keep at least one pet, subject to reasonable rules and restrictions.
Questions to Ask:
▪ Does your Association allow pets? Are pets a problem at your Association? Does your Association have or want to implement a pet restriction in your governing documents or reasonable pet rules and regulations?
▪ When were your association’s governing documents recorded? Do they include pet restrictions? Are they silent on pet restrictions? Have any of the documents been amended since your association’s governing documents were originally recorded? Can one governing document be amended without threatening or compromising an existing pet ban in another governing document?