Real Estate & Property Law

Pets In The Pool - Yay or Nay?

I get lots of questions about pets and have not written a blog for awhile on the subject. There is just so much in the world of HOAs to write about. Anyway, here goes!

This is one of the questions I received: ?What is the rule of law for California with regards to dogs on leash in the "pool area" ... if dogs are on the leash, and are not a threat to anyone, because of their distance from others, it seems cruel not to allow a dog to sit outside in the sun as opposed to having to stay inside.?

I might make some enemies in saying this, but what?s keeping a person from taking their dog to the park on a beautiful day? Sunning by the pool may be our thing to do but most dogs would probably be happier chasing a frisbee. So ... are you thinking of you, or your dog first?

The questions go on to say:

"Pets add a lot of the life of people, and to exclude pets from all condos, is not realistic and unlawful."

I see barring pets from the pool area as something completely different than barring pets from the development so there is no logic in this statement at all. Pools are not constructed for the pleasure of animals; they are an amenity added for the pleasure of the residents.

There is more:

"I live by the pool and I will say that the kids down there are a lot louder then the noise my dog makes."

No doubt. I had the quietest dog in the world for about 16 years - her life, but that does not mean that I would take her to a public pool. I have grandchildren that can be loud when excited, I would take them to the pool.

There are those that believe that is fine to take animals to the pool area, and those that believe it is not fine. If we were talking about a service dog, it might be a different discussion. However, in my experience many people that push the envelope - such as - let the dog in the pool, thinking "okay, if they are welcome in that area, that must mean they can swim in the pool, or drink from the pool, or retrieve balls thrown in the pool."

That, I feel, is where the envelope might very well be pushed if pets were allowed in the pool area.

Full post as published by California Condo & HOA Law on March 03, 2008 (boomark / email).