Reader Questions - Pet Limits, Earthquake Insurance

Mr. Richardson,

We are part time residents in a large ungated mobile home HOA community. We own the lots and the city maintains the streets. The association allows 1 pet, the city 3 pets. We have 2 dogs and have been forced to remove one under board direction that threatened fines and legal action. There are others in the park with 2 and 3 animals. Do not know if any action is pending because their decisions are made in closed meetings. How could this be handled to our benefit?

V.C., Hemet

Dear V.C.,

Under the law, associations can limit members to one “pet” (defined as “any domesticated bird, cat, dog, aquatic animal kept within an aquarium”). This statute, Civil 1360.5, will relocate next year to Civil 4715. An association may amend its covenants to impose a limitation on pets (subject to the above statute), and that will be just as enforceable as if the limitation were in the original documents (pursuant to the 2004 California Supreme Court ruling in Villa De Las Palmas v. Terifaj). Important use restrictions should be placed in the CC&Rs, which are more permanent and which clearly receive strong judicial deference. If a change in the CC&Rs or the rules makes violators out of neighbors who previously were in compliance, some “grandfathering” might make sense, allowing people to keep that extra dog or cat until it goes to the “kennel in the sky”.

It is possible that your board is in fact pursuing other pet limit violations, but because of confidentiality you are not aware of the other situations. Hopefully your board is in fact uniformly and reasonably enforcing its pet limit.

Best regards,
Kelly

Hello Mr. Richardson,

I read your column frequently and respect you for truthful and insightful answers.

I actually have two questions. Is it legal for the management company for HOA to discontinue earthquake insurance? Our units are built with spigots on balconies which naturally gets dirty by nature and sometimes due to neighbors’ pets. Can they suddenly decide to fine us for washing our balconies?

R.M., Riverside

Dear R.M.,

Your management company should not be making insurance decisions. The board makes the decisions. The manager advises and executes the board decisions. There is no law requiring HOAs to have earthquake damage coverage, although sometimes CC&Rs require it.

The board normally decides what insurance the HOA will have (in addition to what might be required by the governing documents), hopefully with input from an expert insurance broker.

Some associations find the cost of such insurance is prohibitive. However, this is a board decision which should be highlighted to the membership, because of the major cost of the coverage balanced against the calamity which could arise from a major seismic event.

Sometimes, even though a board can and should make a particular major decision, the membership should be at least consulted – not because the law requires it, but because it would help build trust between the board and the rest of the association. That trust is essential.

On major decisions, it is not just WHAT a board does, but HOW it does it.

As to the prohibition on washing balconies, that can’t be “sudden” – time must be taken to pass a rule, and to set hearings on violators of the rule.

Thanks for your questions,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.