Can HOA Be Sued By A Disabled Tenant For Having A No-Pet Policy?
Posted by: Kenny Tan
June 11, 2011
Topic: Homeowners Association (HOA)
You're a tenant. You have disability which requires you to have a service dog, according to your neurologist. Your lease is with an owner in a condominium project governed by a Homeowners Association (HOA).
The HOA through its Conditions, Covenants And Conditions (CC&R's) and Rules And Regulations prohibits pets in the condominium units. When your landlord bought the unit you're now renting, he became a member of the HOA. His use of the condo unit is thus subject to the CC&R and the HOA's rules and regulations.
The CC&R's allows the condo units to be used as rentals but prohibits the tenants from owning any pets. Is that provision legal and enforceable?
A "No Pet" clause tends to be discriminatory toward a disabled person even if that person does not have a landlord-tenant relationship with the HOA but the owner of the condominium.
In California, the Unruh Act applies to an HOA. The California Supreme has Court held that an HOA is a "business establishment". (see O'Connor v. Village Green Owners Assn.) The Unruh Act applies to "business establshments"
So it doesn't matter that you don't have a legal relationship with the HOA. The Unruh Act applies.
The HOA can be sued by a disabled tenant if she needs a service dog for help her carry on her life activities. A blind person uses a service dog to find her way. A bipolar has a pet for companionship for medical reasons.
If you're in the board of directors, it behooves you to review the CC&R for violation of the Unruh Act.
