Did CC&Rs Prohibit Owners From Keeping Donkeys on Their Property?

This case involved a dispute between an association member (“Owner”) and both her homeowners’ association (“Association”) and neighboring association members/property owner (“Neighboring Owners”) over the characterization of an improvement constructed on Neighboring Owners’ property and whether or not Association’s governing documents permitted Neighboring Owners to keep two donkeys, and later a foal, on their property.

In 2016, Neighboring Owners obtained consent from Association’s architectural review committee to construct a barn on their property. Later that year, when the structure was nearly completed, Owner filed suit against Neighboring Owners and Association seeking to enjoin completion of the structure and use of the structure to store vehicles, and for the boarding of donkeys or the storage of items relating to donkeys. The trial court granted Neighboring Owners and Association summary judgment and awarded them attorneys’ fees and costs. Thereafter, Owner appealed the trial court’s judgment.

In her complaint, Owner alleged that Association’s CC&Rs prohibit Neighboring Owners from keeping donkeys on their property. The allegation was based on Owner’s conclusion that Association’s CC&Rs set forth an exclusive list of what animals are allowed, and that list does not include donkeys. In reviewing the language contained in the CC&Rs, the trial court found that the CC&Rs expressly prohibited poultry, fowl and swine, but there was no mention of donkeys at all. There was also a provision that expressly permitted horses.

The trial court further: