Enforcement of Pet Rules an Obligation by Elaine Hudson

March 11, 2001

Q:                 "I am an owner in a condominium association.  For years pets were allowed, but in 1978 an amendment was voted on, approved and recorded that no pets are allowed, not even visiting pets.  One reason I bought my condo was because no pets were allowed. There are several tenants who now have cats and even more with dogs.  Even one of the board members has a cat!  Can you please advise me or steer me in the right direction.  I don't think it's fair I buy a place based on the rules and then find out they mean nothing.  How can I make sure this rule is enforced by the Board? 

A:                  According to Civil Code Section 1354, the covenants, conditions and restrictions (CC&Rs) shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development.  Unless the CC&Rs state otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both.

                The first course of action should be to submit a request in writing to your board of directors that they begin immediate enforcement of the CC&Rs.  If the board continues nonenforcement you should then submit a request for resolution to the board of directors.  The request should include a brief description of the dispute, a request for alternative dispute resolution and a notice that the party receiving the request for resolution is required to respond within 30 days of receipt or it will be deemed rejected. 

                Serving of the request for resolution is done in the same manner as serving a small claims action as provided in Section 116.340 of the Code of Civil Procedure.  This means it must be done by certified mail, delivered to the defendant in person or by the sheriff or marshal.  Parties receiving a request for resolution have 30 days following service of the request to accept or reject alternative dispute resolution and, if not accepted within the 30-day period is deemed reject by that party. 

                If the request for resolution is accepted by the party upon whom the request is served, the dispute resolution shall be completed within 90 days of the acceptance by the party initiating the request for resolution, unless extended by written stipulation signed by both parties. 

                The form of alternative resolution chosen may be binding or non-binding at the option of the parties.  If the board refuses alternative dispute resolution your next course of action would be to file a civil action against the board for nonenforcement of the governing documents. 

                In a civil action, the prevailing party shall be awarded reasonable attorney's fees and costs.  Upon motion by any party for attorney's fees and costs to be awarded to the prevailing party in these actions, the court, in determining the amount of the award, may consider a party's refusal to participate in alternative dispute resolution prior to the filing of the action.

Elaine Hudson is a member of the Community Associations Institute (CAI) and is a Community Manager and the owner of Hudson Management Services.  Readers can visit the CAI website at www.cai-sd.org and can get their condominium or homeowners association questions answered by calling the Community Associations Institute at (619) 299-1376 or e-mail at q&a@cai-sd.org or sending questions to: Condominiums, Homes, San Diego Union-Tribune, P.O. Box 120191, San Diego 92112-0191.

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