HOAs and Pets

Do you have a pet?  A fuzzy little companion that you consider to be part of the family?  In Texas, a Vietnamese pot-bellied pig named Wilbur was just granted "household pet" status.  The Texas homeowners association argued that keeping Wilbur violated the community's CC&Rs, which forbid pets that were not "common" and "traditional."  The district court judge ruled that Wilbur's specific pig breed is considered a household pet due to the fact that the breed is not used for commercial purposes and that homeowner's associations cannot unreasonably restrict homeowners from using their property as they see wish to. 

If this case had taken place in California, Wilbur would not have been classified as a pet.  The California Civil Code Section 1360.5 Pet Restrictions states that common interest developments may not prohibit a homeowner from keeping at least one pet, subject to reasonable rules and regulations.  At subsection (b), a "pet" is defined as: "any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner."  Under the Davis-Stirling Act, it would appear that Wilbur and other animals such as hamsters, rabbits, and reptiles are not classified as pets unless mutually agreed upon by the homeowner and the homeowner's association.

What do you think?  Are pot-bellied pigs so prevelent in homes that they should be deemed household pets?  Should there be restrictions in common interest developments in regards to the types of animals homeowners can keep as pets?  Let us know what you think!