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Supreme Court of California - 878 P.2d 1275, 8 Cal. 4th 361
Tags: Property, Condominiums
The California Supreme Court held that pet restrictions in a common interest development must be uniformly enforced, unless the plaintiff can prove that the burdens outweigh the benefits. The court overturned the Court of Appeal's previous ruling that the restriction could only be enforced if it could be proven that the cats would interfere with other homeowners' right to peaceful and quiet enjoyment of their property. The court explained the concept of shared real property ownership and the importance of the declaration created by a developer's attorney for establishing a common interest development. Common interest ownership requires membership in an owners association, which has the power to enforce use restrictions and create new rules. The governing board must act in good faith and comply with governing documents and public policy. Homeowners can enforce restrictive CC&R's against other owners, including future purchasers, but only if the restrictions meet the requirements of equitable servitudes or covenants running with the land. The restrictions must relate to use, repair, maintenance, or improvement of the property, or to payment of taxes or assessments, and the instrument containing the restrictions must be recorded. Common interest development use restrictions in California are generally enforceable unless they are deemed unreasonable.
The dissenting judge in a case disagrees with the majority's narrow interpretation of the law regarding pet ownership restrictions in a condominium complex. The plaintiff challenges the pet ownership restriction in Lakeside Village, arguing that it deprives her and others of the substantial pleasures of pet ownership without providing any benefit to other unit owners, as long as the pets do not create a nuisance. The majority opinion acknowledges that their interpretation of Civil Code section 1354 creates a vague test for determining when the harmful effects of a land-use restriction are disproportionate to benefit. However, they find the plaintiff's allegations deficient because they do not specifically state facts to support a finding that the burden of the restriction on the affected property is so disproportionate to its benefit that the restriction is unreasonable and should not be enforced. The complaint states a cause of action for declaratory relief, and the burden at issue is whether the restriction's burdens on the affected land are so disproportionate to the restriction's beneficial effects that the restriction should not be enforced.
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