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Buying at Maison De Ville With a Pet? Check the Date on the CC&Rs First

September 24, 2026

Most California condo buyers who own a dog or cat assume state law has their back. Civil Code Section 4715 says a homeowners association cannot flatly prohibit at least one pet, and that assumption holds in the vast majority of buildings across the state. But the statute carries a condition that rarely comes up until someone tries to close on a specific unit: the protection only attaches to governing documents entered into, amended, or otherwise modified on or after January 1, 2001. If a building's CC&Rs have sat untouched since before that date, the outright ban some associations wrote decades ago may still be standing.

Maison De Ville, the 48-unit condominium building on De Ville Way in central Malibu, was built in 1965. Public condo directories that track the building's governing rules list its pet policy as a flat prohibition rather than the weight limits, breed restrictions, or per-unit caps most newer associations use. For a buyer with a dog already picked out for morning walks to Surfrider Beach, that single line in a listing sheet deserves more scrutiny than it usually gets.

A 1965 Building in the Middle of Everything

The appeal of Maison De Ville has nothing to do with square footage. Units run roughly 1,200 to 1,500 square feet, modest by Malibu standards, but the location does work that size cannot. The building sits adjacent to Pepperdine University, and a paved walking and bike path connects it directly to Cross Creek Ranch, the Malibu Country Mart, and the Lumberyard without ever requiring a crossing of Pacific Coast Highway. From there it is a short distance to Nobu, Soho House, a Whole Foods, the Malibu Pier, and the weekly Farmers Market. Residents get a saltwater pool, sauna, and spa on site, along with covered parking, all for a price point that undercuts nearly every beachfront alternative in the same zip code.

That combination, walkable, amenitized, and comparatively affordable, is exactly why the building attracts buyers who plan to bring a pet along. It is also why the pet question is worth resolving before escrow rather than after.

What California Actually Guarantees Pet Owners

The relevant law is short. Civil Code Section 4715 states that no governing documents shall prohibit an owner from keeping at least one pet within a common interest development, subject to reasonable rules and regulations of the association. Associations can still limit breed, size, or number, and they can require leashes in common areas. What they cannot do, under documents covered by the statute, is tell an owner they may not have a pet at all.

The statute's operative clause is where the exception lives:

This section shall become operative on January 1, 2001, and shall only apply to governing documents entered into, amended, or otherwise modified on or after that date.

That single sentence is the reason a 1965 building is not automatically covered by a law passed decades later.

The Cutoff That Some Older Buildings Never Crossed

California HOA attorneys who track this statute have noted the ambiguity it creates. FindLaw indicates that if an association's original CC&Rs banned pets outright and those documents have never been formally amended since 2001, the pet-rights guarantee that most Californians assume applies to them may simply not reach that building. Legal commentary on the statute also points out that most associations have updated their governing documents at least once in the past two decades, often for unrelated reasons like insurance requirements or reserve funding, which incidentally pulls their pet section under the 2001 rule. The open question for any specific older building is whether that update ever happened.

This is not a settled legal outcome and it is not legal advice. It is a factual gap that a buyer with a pet needs to close before they remove contingencies, not after.

Two protections exist regardless of what the CC&Rs say. Service animals covered under the Americans with Disabilities Act and emotional support animals covered under the federal Fair Housing Act and California's Fair Employment and Housing Act cannot be excluded by a no-pets rule. Those protections run through the deed and bylaws no matter how old the document is. What is not protected under a genuinely unamended pre-2001 ban is an ordinary pet with no assistance designation, which is the situation most buyers with a family dog or cat are actually in.

How to Actually Check Before You Write an Offer

The fix here is not complicated, but it does require asking a specific question rather than a general one.

  1. Request the CC&Rs directly from the HOA management company, not a summary from a listing platform.
  2. Ask in writing when the pet restriction section was last entered into, amended, or otherwise modified, and ask for documentation of that date.
  3. If the answer is unclear or the management company cannot produce an amendment history, treat the pet policy as unresolved rather than assuming either outcome.
  4. Get any verbal assurance from a seller or listing agent about pets in writing, ideally as a written HOA rule rather than an informal practice.
  5. If a pet is a non-negotiable part of the purchase, make written confirmation of the current, enforceable pet policy a condition of removing contingencies.

None of this requires an attorney at the outset, though a Davis-Stirling Act attorney is the right call if the amendment history is genuinely ambiguous and the answer matters to the deal.

The Other Question Your Lender Will Ask

A pet clause is not the only thing a 60-year-old, 48-unit association puts in front of a buyer. Lenders evaluate the project alongside the borrower, and older, smaller buildings draw more scrutiny than new construction with a stabilized homeowner base. The checklist a conventional or FHA lender will work through looks like this:

What the lender checks Why it matters at an older, small building
HOA reserve fund Quicken Loans says conventional guidelines generally want at least 10 percent of the annual budget held in reserve.
Owner-occupancy ratio DDA Mortgage says most warrantable-condo guidelines want roughly half the units owner-occupied rather than rented, and a high concentration of rentals can push a building toward non-warrantable status
Pending litigation Any lawsuit involving the association, especially one tied to structural or safety issues, is a red flag lenders take seriously
Delinquency rate A Good Lender says high rates of owners behind on HOA dues, often cited around 15 percent, can disqualify a project from conventional and FHA financing
VA project approval VA financing typically requires whole-building approval rather than single-unit exceptions

None of this means a 1965 building cannot be financed. It means the loan process runs through a project questionnaire before it runs through your personal file, and the answers to that questionnaire take time to gather from an older association. Building that time into your escrow timeline avoids a late surprise.

What the Building Itself Is Worth Right Now

As of September 2026, building-specific listing data showed seven units on the market at Maison De Ville with a median asking price near 1.1 million dollars and a typical marketing period of roughly two months. Listings compiled during 2026 have priced resale units in the building between approximately 1,103 and 1,397 dollars per square foot, a range that reflects the building's age and unit sizes rather than the higher per-square-foot figures attached to newer or larger Malibu condominiums nearby.

That price sits well below what a comparable walk score and beach proximity would command in a single-family home almost anywhere else in Malibu. The trade a buyer makes is straightforward once it is named directly: a smaller, older building in an unbeatable location, financed through a process that takes a closer look at the association's paperwork, governed by rules that may or may not have been updated since a law most buyers assume protects them everywhere.

Frequently Asked Questions

Does every older Malibu condo building have this same pet ambiguity? Only buildings whose governing documents predate 2001 and have never been amended since. Many California associations updated their CC&Rs for unrelated reasons over the past two decades, which resolves the question for their owners even if pets were never the subject of the update. The only way to know for a specific building is to check its amendment history directly.

Can I request the CC&R amendment history before I make an offer? Yes. The HOA management company can typically provide the governing documents and their amendment history on request, sometimes for a document fee. Doing this before submitting an offer, rather than during the contingency period, gives you more room to walk away cleanly if the answer is unfavorable.

What if the seller tells me pets are unofficially tolerated? Verbal tolerance from a current owner or listing agent carries no weight with the association's board and can change the moment a complaint is filed or a new manager takes over. If a pet matters to your decision to buy, insist on written confirmation of the enforceable rule rather than an informal assurance.

Maison De Ville rewards buyers who do their homework before they fall in love with the walk to the Country Mart. If you are weighing a purchase here, or anywhere else along Malibu's coast, Laura Alfano can help you read the paperwork with the same care she brings to every listing. Schedule a complimentary consultation to talk through what a specific unit's governing documents actually say before you write an offer.

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Laura Alfano is dedicated to helping you find your dream home and assisting with any selling needs you may have. Contact her today for a free consultation for buying, selling, renting, or investing in California.