Can an HOA limit the size or type of pet a homeowner may have?

In California, homeowners associations (HOAs) may have restrictions on the number, size, or type of pet a homeowner may have. These restrictions are often included in the HOA’s governing documents, such as their covenants, conditions, and restrictions (CC&Rs). When a homeowner agrees to abide by the HOA’s rules and regulations, they are bound by the governing documents, which often limit the size and type of pet they are allowed to have. However, HOAs are prohibited from implementing a rule that would prohibit all pets, as this may be in violation of California’s Fair Employment and Housing Act (FEHA). As such, HOAs may not include a blanket ban on all types of animals. Additionally, California law allows homeowners to keep certain comfort and companion animals, regardless of breed, size, or type. This includes service, emotional support, and therapy animals. Therefore, an HOA may not prohibit a homeowner from having such animals, even if they are not previously allowed. Ultimately, HOAs have the power to enforce rules regarding pet size and type, but there are limits to this power. If a homeowner believes an HOA has put in place an unreasonable or illegal pet restriction, they can seek legal advice from an experienced HOA attorney.

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Can an HOA limit the size or type of pet a homeowner may have?

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