Carroll v. El Dorado Estates Division Number Two Ass'n

OPINION

In this case an incorporated association of condominium owners brought suit to enforce a bylaw of the association which bans residential possession of animals, i.e., pets. The court granted summary judgment in the association’s favor.

We find that the bylaw was not validly adopted and we reverse.

I

The El Dorado Estates Division Number Two Association, Inc. [Association] was established pursuant to a condominium declaration 1 filed in 1976. The Association is a corporation which, through its Board of Directors, manages the business affairs of the condominium property on behalf of the unit…