HOA pet restrictions: a deal breaker in San Leandro CA

By
Real Estate Agent with Alain Pinel BRE 01367196
http://actvra.in/Dcx

HOA restrictions must be known up front or it’s a deal breaker.
pets
Our local MLS has a section where listing agent can include information on whether or not the HOA allows pets, how many, and size. This was not completed on the MLS and was overlooked in the multiple offer situation listing of a townhouse in San Leandro CA.

The listing agent and seller didn’t order the HOA documents until the buyer investigation period was nearly over.

HOA pet restriction

Examination of the HOA documents drawn up in 1981 said “No animals, other than one small
pet, as defined by the Board of Directors, maintained for no commercial purpose, shall be kept within any Unit.”

Yes, there are certain laws -- in California anyway --- that say the HOA cannot prohibit a resident from owning at least one pet. But can the HOA prohibit more than one?

See HOA and Homeowner Rights in California

Keeping Pets                           

Homeowners' associations have the right to place restrictions on the pets homeowners keep, but in California, no homeowners' association has the right to ban pets altogether. Provided you purchased your home after January of 2001, your homeowners' association must permit you to keep at least one pet. In addition, the association cannot force you to give up pets you owned prior to becoming an association member. By becoming a member of the association, however, you subject yourself to the association's rules regarding pets you may acquire in the future.

                   
This is a deal breaker.  Buyers were prepared to back out because they have two dogs.

The board president told the buyers that the board is working on revising this antiquated rule, especially since many of the residents have more than one pet, and several of the pets are not "small". The board president himself has two cats, a clear violation of the old rule.

Have papers, will buy.

Nonetheless, it is a good idea and practice to mention pet restrictions in the MLS and to have these documents ready to give to prospective buyers as soon as possible. Doing so avoids unnecessary angst among winning buyers who will refuse to give up their pets.

HOA restrictions must be known up front or it’s a deal breaker.

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Topic:
Real Estate Best Practices
Location:
California Alameda County San Leandro
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Tags:
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california hoa cannot ban pets san leandro ca townhouse
hoa homeowner rights in california
hoa pet restriction

Comments 6 New Comment

Ambassador
741,509
Hannah Williams
Re/Max Eastern inc.

Here in Pennsylvania the are not many Condo (HOA) that do allow Pets especially dogs so you are very lucky in California

June 29, 2012 01:22 PM
Rainmaker
657,323
Pacita Dimacali
Alameda/Contra Costa Counties CA
Alain Pinel

Wallace - I agree. However, it does give some comfort to the residents knowing the board is working on it. And, they love this provision of California law:

"Provided you purchased your home after January of 2001, your homeowners' association must permit you to keep at least one pet. In addition, the association cannot force you to give up pets you owned prior to becoming an association member."

Hannah --- yes, we are crazy about our pets.

June 29, 2012 01:24 PM
Rainmaker
1,074,220
John Pusa
Your All Time Realtor With Exceptional Service
Sellstate Pacific Realty

Pacita - It is important to read all HOA pet or any other restrictions on before signing the contract. Thanks for detailed information. 

June 29, 2012 03:04 PM
Rainmaker
657,323
Pacita Dimacali
Alameda/Contra Costa Counties CA
Alain Pinel

John --- what we need is for listing agents to have all the HOA documents (CCRs expecially) ready for potential buyers to read so that there are no surprises.

June 29, 2012 10:41 PM
Rainmaker
1,272,267
Sally K. & David L. Hanson
WI Realtors - Luxury - Short Sale - CDPE, REDS
Keller Williams 414-525-0563

  Here this is a bigger issue in condos....pet friendly buildings are more in demand than those with no pets at all.

July 02, 2012 05:30 AM
Rainmaker
657,323

Pacita Dimacali

Alameda/Contra Costa Counties CA
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