Legal Question in Real Estate Law in California
Question about CA AB860 - Condos and Pets
While doing research on the internet, I discovered California Assembly bill AB860 that prohibits condo associations from prohibiting ''pets'' in the condo's HOA's CC&R's.
Our association has such a rule, BUT also AMENDED a different rule in Feb. of 2001. AB860 law says if any amendments or changes are made to the CC&R's, they must strike the pet prohibition if there is one. Otherwise, techinically the prohibition could be ''grandfathered''.
I have a small animal that I take care of from time to time, and own my condo, and was wondering about compliance issues with this law - i.e., is it being enforced, have there been any legal challenges, etc. - I would like to know the information before bringing it to the attention of our board!
1 Answer from Attorneys
Re: Question about CA AB860 - Condos and Pets
You didn't say whether AB860 was passed or when, and I don't know either, but if it became effective after Feb. 2001 it would probably not apply to your HOA. If AB860 became effective before 2/01, it would apply and have the effect, one would think, of nullifying the anti-pet rule.
When you ask whether it's being enforced, I would say this is not (like a traffic law) a statute that requires 'enforcement' by an authority such as the police or labor commissioner in the usual sense; rather, it is a law that can be availed of, if and when necessary, by a private party, with the expectation that a court would 'uphold' the law. A court would uphold this law unless it were unconstitutional, and I express no opinion on that. Therefore, if the law was passed and has taken effect, it is there for your potential benefit if it applies to your facts and you bring an action in reliance upon it.
If you have any info on the effective date of this bill, or where it has been codified in the California codes, I can give you a supplemental answer.
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