Legal Question in Landlord & Tenant Law in California

My daughter rents a house that is part of an HOA. They keep sending her notices about her dogs barking during the day. The law (Ventura County, CA) says dogs (or anyone) cannot make excessive noise from 11pm to 7am. Her dogs are in at night, and make no noise. The dogs only bark during the day when someone walks down the walkway behind my daughter's fence. The HOA aggreement only states "no excessive noise". Can the HOA inforce this rule on the owner and can the owner evict my daughter over something that doesn't break the city/state law?


Asked on 9/11/14, 10:31 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

A rule set forth by a homeowner's association does not have to have a corresponding statewide statutes to be valid. Thus, the California Supreme Court has upheld CC&R's that ban pets, even though there is no statewide law banning pet ownership. (Nahrstedt v. Lakeside Village Condominium Association, Inc. (1994) 8 Cal.4th 361.)

I don't know what your lease says, but I would not be surprised if it contains provisions that require you to follow the HOA's rules. A landlord may evict a tenant for failing to follow the terms or rules in a lease.

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Answered on 9/11/14, 11:42 am


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