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Brief Fact Summary. The Plaintiff, Natore Nahrstedt (Plaintiff), a homeowner sued the Defendant, Lakeside Village Condominium Assoc., Inc. (Defendant) to prevent enforcement of a restriction against keeping cats, dogs or other animals in the development. Owner felt cat was noiseless and created no nuisance interfering with others’ enjoyment of property.
Synopsis of Rule of Law. Agreed-to use restrictions will be enforced unless it is shown that they are unreasonable.
Issue. Was the restriction so “unreasonable” as applied to indoor cats as to render the restriction unenforceable?
Held. Under California law, recorded use restrictions will be enforced so long as they are reasonable. Such restrictions are given deference and the law cannot question agreed-to restrictions. Reasonableness should be determined by reference to the common interest of the development as a whole and not the objecting owner. Since the pet restriction was rationally related to health, safety, sanitation and noise concerns of the development as a whole it was reasonable and must be enforced. Further, the Plaintiff had not shown a disproportionate affect of the restriction on her personally that would prove enforcement of the restriction was somehow unreasonable.
It is undoubted that when the owner of a subdivided tract conveys the various parcels in the tract by deeds containing appropriate language imposing restrictions on each parcel as part of a general plan of restrictions common to all the parcels and designed for their mutual benefit, mutual equitable servitudes are thereby created in favor of each parcel as against all the others.View Full Point of Law