Pet Weight Restrictions

Source: Adrian J. Adams, Esq.

QUESTION: Our CC&Rs state that each homeowner may have two pets up to 25 pounds each. A prior board adopted a rule relaxing the restriction to 40 pounds. Is the rule valid? Also, can guests bring pets that go over the weight limit?

ANSWER: Unfortunately, your rule is invalid.

Statute. As provided for in the Davis-Stirling Act, “To the extent of any conflict between the operating rules and the…declaration [CC&Rs], the… declaration shall prevail.” (Civ. Code §4205(d).) If the CC&Rs set the maximum at 25 pounds, then the maximum is 25 not 40. Case law also gives priority to recorded restrictions.

Case Law. In Ekstrom v. Marquesa, the CC&Rs had a provision that protected views by requiring all trees be trimmed so they not exceed the height of the house. The board exempted palm trees because trimming them would kill them. An owner sued and the court found that the CC&Rs were clear and unambiguous and the board’s actions were inconsistent with the restriction. The trees had to be trimmed.

Amend CC&Rs. That means the rule adopted by the board is invalid. To increase weight limits from 25 to 40 pounds, the association must amend its CC&Rs.

Guests. Weight restrictions apply equally to tenants and guests. Some associations prohibit guest pets altogether. I see this primarily in condominiums, particularly highrises. When it comes to guest pet restrictions, they can be adopted by the board as a rule change.


RECOMMENDATION: Your 40-pound rule should be rescinded. That, of course, will create problems with those who already have over-weight pets and others who want them. The only way to avoid legal problems is to immediately put a CC&R amendment before the membership increasing  weight limits from 25 to 40 pounds.