Terifaj

McKINSTER, Acting P.J.

Villa De Las Palmas Homeowners Association (the association) filed suit against Paula Terifaj (Terifaj) to enjoin her from keeping her dog at the Villa De Las Palmas community apartment project (the project) where she owns a unit. The original complaint was based on a no-pets rule adopted by the association but not included in the project's recorded declaration of covenants, conditions, and restrictions (CC & R's).

The trial court subsequently denied the association's motion for a preliminary injunction, indicating in part that it was not convinced the association would prevail on the merits. In response, the association adopted and recorded an amended declaration that included a restriction prohibiting all pets, a provision declaring any violation to be a nuisance, and a provision authorizing injunctive relief. The association then amended its complaint to refer to the provisions of the amended declaration. The trial court ultimately found the amended declaration to be enforceable, issued the requested injunction, and awarded the association attorney fees.

On appeal, Terifaj argues that: (1) the pet restriction contained in the amended declaration is not…