Is it legal for Townhome Assoc. in Calif. to only allow resident homeownes to have pets and not tena

According to the rules and reg's of my townhome assoc. in Huntington Beach, Ca, only resident homeowners can have pets but tenants are prohibited from having any kind of pet.

Does the Davis-Sterling Act or any other CA law prohibit this kind of discrimination? Many tenants have had pets for years and are left alone as long as the pet isn't brought to the attention of the BOD. The rule is not enforced for everyone.

Is it legal for Townhome Assoc. in Calif. to only allow resident homeownes to have pets and not tenants?-Myspace pets www.myspace.com

Unenforced rules become voidable for the lack of enforcement. Also, if they tried to enforce this against a tenant, the Homeowners Association would have a hard time justifying the different treatment. It's a equal protection argument that could be raised as a defense and the burden shifts to the association to prove their a rational basis for the distinction. Since tenants probably have a lower income than owners, the "right" tenant could find a discrimination defense also, particularly if the tenant is a member of a protected minority. If you were the tenant, I think the lack of enforcement is a winner.

Is it legal for Townhome Assoc. in Calif. to only allow resident homeownes to have pets and not tenants?

-(Myspace.com)

No, this is permitted. In general a landlord can make any reasonable rules for property that is let as a dwelling; you'll often see 'no pets' rules at apartment complexes. The same laws allow the HOA to set this type of rule for your townhouse.