articles by barry A. Ross

Can the association prohibit a homeowner from keeping a dog or pet within his or her residential unit?

If the CC&R’s became effective or were amended or otherwise modified after January 1, 2001, the association may not prohibit the owner from keeping at least one pet within the residential unit, subject to reasonable rules and regulations of the association. The “pet” may include any domesticated bird, cat, dog, aquatic animal kept in an aquarium or other animal as agreed to between the association and the homeowner.

If the association adopts a rule limiting the number of pets an owner may keep, the new rule cannot prohibit an owner from continuing to keep any number of pets that the owner had on the premises prior to the adoption of the new rule, if the pets comply with the prior rule.