California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household
- Case Decisions, Dispute Resolution, Governing Documents
A homeowners association (“Association”) brought suit against a homeowner/ member seeking injunctive relief and damages for the homeowner’s breach of an hoa pet restriction contained in the Association’s governing documents. The hoa pet restriction permitted one dog per household and the homeowner was attempting to force the Association to allow him to have two dogs. The homeowner defended the case by contending that the hoa pet restriction was unreasonable and the Association’s efforts to enforce it against him were arbitrary and capricious, and that the Association was treating him differently than other homeowners with respect to his violations and variances requested by homeowners.
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