Generally, associations may not prohibit members from having at least one pet. California Civil Code Section 4715(a) provides that “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…” Section 4715 (b) goes on to define a “pet” as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.
However, as noted above in Section 4715(a) associations may adopt reasonable rules and regulations regarding pets. Reasonable rules and regulations concerning pets may cover restrictions such as the number of pets, weight limits, animals with dangerous propensities, leashing requirements, and tethering prohibitions. In order to effectively address pet problems, an association should consider adopting a pet policy. If your association needs assistance with preparing pet rules and regulations, then please contact our office.