Legal Question in Real Estate Law in California

i just purchased a condo and it allows dogs, I have a pug. But the only place dogs can be excersized or go to the bathroom is on a road where all the cars park. There is no grass area, dirt area, or plants just road. The condo complex has two big grass areas and lots of shrubs, plants, flowers, trees but I'm told they can't go there. Isn't this animal abuse? I want to go to HOA meeting and complain or suggest so I need some back up here.


Asked on 11/04/10, 1:14 pm

3 Answers from Attorneys

Michael Isaac Shokrian Law Offices of Michael Isaac Shokrian, APLC

Read your CC&R's carefully and see what the rules/regs are with respect to pet care. You can complain and ask for the HOA to come up w/a solution since they allow pets but have nothing in the CCRs to facilitate pet care.

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Answered on 11/09/10, 1:28 pm

You can ask for whatever you want, but they have no obligation to give you anything that is not in the CC&R's. If you moved your pet to a place that has no accommodations for him or her, the only one guilty of animal abuse is you, unless you care enough about your dog to take him or her to a suitable place, if your complex doesn't provide one. You don't have a right to impose your pet on your neighbors beyond what the CC&R's provide, but you have a duty to care for your pet and if that means driving to a local dog park, so be it. P.S., I am owned by two Brussels Griphon's myself. I take them to a local off-leash area regularly. I'm sure you can do the same.

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Answered on 11/09/10, 2:44 pm
Terry A. Nelson Nelson & Lawless

You are on your own. The HOA sets such rules to protect ALL the tenants from an undesirable 'dog poop' environment being inflicted upon everyone. IF they set aside some dog area, you may use it, presumably with a requirement of poop bags. You are free to make a pest of yourself and agitate the Board to change its rules and decisions, if you can get enough other tenants to win a vote on the issue.

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Answered on 11/09/10, 4:02 pm


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