BILL NUMBER: AB 860	CHAPTERED  09/20/00

	CHAPTER   551
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999

INTRODUCED BY   Assembly Member Thomson
   (Coauthors:  Assembly Members Granlund, Havice, Honda, Jackson,
Keeley, Kuehl, Lempert, Longville, Mazzoni, McClintock, Oller,
Romero, Washington, Wayne, and Wiggins)
   (Coauthors:  Senators Burton and Perata)

                        FEBRUARY 24, 1999

   An act to amend Section 798.33 of, and to add Section 1360.5 to,
the Civil Code, relating to civil law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 860, Thomson.  Civil law:  pets:  mobilehomes:  common interest
developments.
   (1) Existing law, the Mobilehome Residency Law, regulates the
rules and regulations that the management of a mobilehome park may
impose upon its residents, including those regarding the keeping of
pets, as specified.  Existing law provides that any rule or
regulation prohibiting residents from keeping pets in the mobilehome
park shall not apply to guide dogs, signal dogs, or service dogs.
   This bill would provide that no lease agreement entered into,
modified, or renewed on or after January 1, 2001, shall prohibit a
homeowner from keeping at least one pet within the park, subject to
reasonable rules and regulations of the park.
   (2) Existing law, the Davis-Stirling Common Interest Development
Act, requires the declaration of a common interest development
recorded on or after January 1, 1986, to contain a legal description
of the development and the restrictions on the use or enjoyment of
any portion of the development that are intended to be enforceable
equitable servitudes.  Existing law authorizes the declaration to
contain any other matters the original signator of the declaration or
the owners consider appropriate.  The act also provides that the
covenants and restrictions in the declaration of a common interest
development shall be enforceable equitable servitudes, unless
unreasonable.
   This bill would provide, on and after January 1,  2001, that no
governing documents of a common interest development entered into,
amended, or otherwise modified on or after that date shall prohibit
the owner of a separate interest in a condominium project from
keeping at least one pet within the development, subject to the
reasonable rules and regulations of the association, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 798.33 of the Civil Code is amended to read:
   798.33.  (a) No lease agreement entered into, modified, or renewed
on or after January 1,  2001, shall prohibit a homeowner from
keeping at least one pet within the park, subject to reasonable rules
and regulations of the park.  This section may not be construed to
affect any other rights provided by law to a homeowner to keep a pet
within the park.
   (b) A homeowner shall not be charged a fee for keeping a pet in
the park unless the management actually provides special facilities
or services for pets.  If special pet facilities are maintained by
the management, the fee charged shall reasonably relate to the cost
of maintenance of the facilities or services and the number of pets
kept in the park.
   (c) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the management and the homeowner.
  SEC. 2.  Section 1360.5 is added to the Civil Code, to read:
   1360.5.  (a) No governing documents shall prohibit the owner of a
separate interest within a common interest development from keeping
at least one pet within the common interest development, subject to
reasonable rules and regulations of the association.  This section
may not be construed to affect any other rights provided by law to an
owner of a separate interest to keep a pet within the development.
   (b) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the association and the homeowner.
   (d) If the association implements a rule or regulation restricting
the number of pets an owner may keep, the new rule or regulation
shall not apply to prohibit an owner from continuing to keep any pet
that the owner currently keeps in his or her separate interest if the
pet otherwise conforms with the previous rules or regulations
relating to pets.
   (e) For the purposes of this section, "governing documents" shall
include, but are not limited to, the conditions, covenants, and
restrictions of the common interest development, and the bylaws,
rules, and regulations of the association.
   (f) This section shall become operative on January 1,  2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date.