Legal Question in Real Estate Law in California

Puppy Love

My Husband and I just bought a townhome in La Habra, CA, however in the association it says that they have a no pet rule. The Association does not allow pets, Cats nor Dogs and we found this out after we already purchased the townhome. We have never heard of such a thing especially since it is something that we are purchasing rather than renting. Do you know if an association can make such rules? We dont want to get rid of our dog. Please help us.


Asked on 3/15/04, 1:00 pm

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Puppy Love

Homeowners associations have boards of directors of individuals who don't know there you know what from a home run most of the time. They're not professionals and they get on the board for many different reasons. The problem is the homeowners association is like a many municipality. The CC and Rs which should've been provided to you to review before you signed any of your closing documents probably contains the specific clauses regarding allowed. It is your responsibility when dealing with the homeowners association to see through the rules what you can and cannot do. There is a split of opinion and Lott has to the duty of a broker in this situation. I've been dealing in this area for over 30 years and have represented both associations and sued them. It all depends upon the facts, but your chance of winning against the association is minimal. You can't have pets. You do have damaged though at IM not suggesting it but you might make claim against the broker understanding that there are substantial ramifications if you are wrong. See the aid of attorney specialized in real estate/homeowners associations.

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Answered on 3/15/04, 8:21 pm
Scott Schomer Schomer Law Group

Re: Puppy Love

Yes, they can make such rules. You should have reviewed them before you purchased. Your broker also should have told you about this problem.

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Answered on 3/15/04, 1:15 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Puppy Love

Yes these rules are valid, if they existed at the time you purchased. I am assuming that you received a copy of the CC&Rs at the time you purchased. You had a right to them, and you are required to use due dilligence in looking through those rules.

Regarding the other answer that you received, I do not agree that the Broker had a responsibility to point this out to you, unless you specifically told him that you wanted to have pets. He is responsible to get you the documents that you need to make an educated decision on your own. He is not required to point out every single rule in a complex.

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Answered on 3/15/04, 1:21 pm


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