Real Estate & Property Law

More on Dogs, Namely Pit Bulls in HOAs ... Condos

I like it when readers weigh in on important subjects. I get more prespectives. I have certain biases, like most people, and do my best to suppress them when trying to provide balanced information and opinions. Here is a perspective on pit bulls:

"Hello, Beth,
After hearing in the news taday of still another child's death from a pit bull attack, I feel terribly concerned for my grandson living in a condo development with a pit bull a few doors away. I found your site (which it wonderful, by the way) while searching for information on homeowners' associations that may have prohibited such dogs, and whether it is possible to have such a restriction.

Since owning pit bulls is not illegal, I wonder if individual associations can make such a ruling on their own. I would appreciate your knowledge about this."

An HOA or Condo association board could present a document amendment proposal (CC&R amendment probably) that would prohibit certain breeds of dogs. I would recommend sticking to the list of 11 breeds of dogs that are uninsurable by some insurance companies. A CC&R amendment would require approval of members. There is a published list of dogs considered to have dangerous propensities based on insurance actuarial figures on liability related to dogs.

I would not recommend targetting one breed of dog but sticking to something objective as a basis for the proposed amendment.

Some attorneys might recommend adopting a rule that would prohibit the pitbulls or list of dogs, if inclined to advise a board on the subject. Most governing documents allow boards to adopt rules. I believe it safer to shoot for homeoner approval of a CC&R amendment on this subject. However, unless a dog has shown threatening or dangerous propensities,I would recommend that any dogs already in the development that would be prohibited by the new amendment or rule should be "grandfathered", meaning it/they could stay unless they were to cause a problem. Attorneys might disagree on this point.

Full post as published by California Condo & HOA Law on June 01, 2010 (boomark / email).