공동주택의 규약에 의한 반려동물 사육제한

Abstract

When a dispute occurs between other residents and pet owners in a condomimium, the current legal system has no choice but to resolve it through the regulations of management rules in condominiums. General restrictions of apartment housing inevitably have abstraction, but there are various aspects of disputes related to companion animals. Compared to other disturbances in common life such as noise and odor, the cause of disturbance of pets is difficult to control, and ordering the removal of the cause of disturbance may seriously infringe on the rights of residents.
 The purpose of this article is to study ‘reasonableness review’ cases of the United States to examine the criteria for judging the validity of the covenant that restrict pet breeding, especially when residents of condominium are restricted by management rules in condominiums. The most important case on the regulations limiting pet ownership is the Nahrsteht case, in which the California Supreme Court newly strengthened the judicial review criteria for violations of the management regulations by preventing residents from considering special situational factors. The standard of rationality is sometimes called the “California Standard,” because California first specified the standard in case law. Therefore, we will examine in detail the criteria for judging the “reasonable standard” of the U.S. California Court on the application of the management rules in condominiums.