HOA Board’s Adoption of Rule Prohibiting Dogs Over 25 Pounds was Invalid

This case involved a dispute between a condominium owner (“Owner”) and his homeowners association (“Association”) over the validity of a rule adopted by Association’s board of directors that prohibited dogs greater than 25 pounds from being on the condominium premises. Subsequent to Association’s adoption of the rule, Owner brought suit against Association seeking a declaration by the court that the rule was invalid because it constituted an amendment of Association’s bylaws that needed to be approved by 2/3 of the owners.

The trial court granted summary judgment in favor of Owner and declared the rule to be null and void since it had not been approved by 2/3 of the owners, as required for an amendment to Association’s bylaws and CC&Rs. Association appealed contending: