HOA pet restrictions: a deal breaker in San Leandro CA

HOA restrictions must be known up front or it’s a deal breaker.

Our local MLS has a section where listing agent can include information on whether or not the HOA allows pets, how many, and size. This was not completed on the MLS and was overlooked in the multiple offer situation listing of a townhouse in San Leandro CA.

The listing agent and seller didn’t order the HOA documents until the buyer investigation period was nearly over.

HOA pet restriction

Examination of the HOA documents drawn up in 1981 said “No animals, other than one small
pet, as defined by the Board of Directors, maintained for no commercial purpose, shall be kept within any Unit.”

Yes, there are certain laws -- in California anyway --- that say the HOA cannot prohibit a resident from owning at least one pet. But can the HOA prohibit more than one?

See HOA and Homeowner Rights in California

Keeping Pets                           

Homeowners' associations have the right to place restrictions on the pets homeowners keep, but in California, no homeowners' association has the right to ban pets altogether. Provided you purchased your home after January of 2001, your homeowners' association must permit you to keep at least one pet. In addition, the association cannot force you to give up pets you owned prior to becoming an association member. By becoming a member of the association, however, you subject yourself to the association's rules regarding pets you may acquire in the future.

                   
This is a deal breaker.  Buyers were prepared to back out because they have two dogs.

The board president told the buyers that the board is working on revising this antiquated rule, especially since many of the residents have more than one pet, and several of the pets are not "small". The board president himself has two cats, a clear violation of the old rule.

Have papers, will buy.

Nonetheless, it is a good idea and practice to mention pet restrictions in the MLS and to have these documents ready to give to prospective buyers as soon as possible. Doing so avoids unnecessary angst among winning buyers who will refuse to give up their pets.

HOA restrictions must be known up front or it’s a deal breaker.