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Nahrstedt v. Lakeside Village Condominium Ass'n, Inc.

Supreme Court of California

878 P.2d 1275 (1994)

Relevant factsFree

Nahrstedt (plaintiff) bought a Lakeside Village condominium unit and moved in with her three indoor cats; when the condominium association (defendant) demanded their removal under its pet restriction, Nahrstedt sued, arguing the restriction was unreasonable as applied specifically to her cats, which stayed indoors and never bothered neighbors or common areas. The trial court sustained the Association's demurrer, a divided court of appeals reversed, holding Nahrstedt's individualized allegations could support declaratory relief if proven, and the Association appealed to the California Supreme Court.

IssueFree

Whether a restriction in a condominium complex's rules which prohibits dogs or cats is unreasonable.

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