Nahrstedt v. Lakeside Village Condominium Ass'n, Inc.

Use restrictions in a condominium project's recorded declaration are presumptively reasonable and enforceable as equitable servitudes under former Civ. Code §1354 (now §5975). The reasonableness of a restriction is determined by reference to the development as a whole, not by reference to the objecting homeowner's specific circumstances. A restriction will be enforced unless the challenger shows it is arbitrary, imposes burdens substantially outweighing its benefits, or violates fundamental public policy. The case involved a homeowner keeping three cats in violation of a pet restriction; the court upheld enforcement.