HOMEOWNERS ASSOCIATION WINS VICTORY
IN PET DISPUTE

In an action that may have fairly far-reaching consequences for pet owners, an appellate level court has ruled that a homeowners association that adopted and recorded an amended declaration prohibiting pets had the power to do so.

In the case of Via de Las Palmas Homeowners Association v. Terifha, a homeowner in a planned unit development brought suit challenging a no pet restriction which had been enforced at the development prior to the plaintiff's approaches the unit. The plaintiff, Terifha, knew of the no pet restriction before purchasing the unit, but brought her pet any way. The plaintiff was fined for having a pet, but refused to remove her dog from the property. The homeowner's association subsequently adopted and recorded an amended declaration prohibiting all pets.

The Association filed an action for injunctive relief, and the trial court found the amendment to enforceable. On appeal, the appellate court affirmed finding that the no pet restriction was reasonable and an enforceable equitable servitude. The use of pets by residents of residential dwellings has always been controversial, and the Via de Las Palmas Homeowners Association case will likely shed light on the enforceability of no pet restrictions.