Big Pets Are in Doghouse for Being Over Size Limit : Property rights: Homeowners group tries to evict canines over 35 pounds. The rule will be put to a vote.

When is Fido too fat? That is the dilemma pitting a Corona del Mar condo association against the owners of dogs that have tipped the scales over the group’s 35-pound weight limit for canines.

After receiving a warning from the homeowners association that her 37-pound pet had to go if not trimmed down, Audrey Weber put her dog, Snooper, on a low-fat, high-fiber diet. But two other neighbors, owners of a 100-pound Airedale and a 48-pound Labrador retriever, decided to fight the regulation in court.

Round one went to the dogs. This week, the Jasmine Park Homeowners Assn. dropped its lawsuit against the dog owners to give residents of the gated community the opportunity to rescind the regulation.

It would take the consent of 75% of the 47 households to repeal the rule; two earlier attempts have failed. If the voters uphold the regulation, the association may refile its lawsuit in Orange County Superior Court to evict the oversized canines. The vote is to take place within the next two months.

The association began to crack down on big dogs after it received a complaint about one of the dogs a few years ago. Although the issue may seem petty, the association has an obligation to enforce all rules “across the board,” said one board member, who spoke on the condition that he not be identified.

Tania Allard, one of the residents targeted by the lawsuit, has lived in the quiet complex for six years with her dog, Kahlua, a 13-year-old, gray-and-black Airedale mix who is 65 pounds over the association’s weight limit.

“He’s such a mellow dog, very friendly and he loves people,” Allard said. “No one has ever complained about him. He’s blind in one eye and has arthritis in his back legs. Most people don’t even know I have him because I take him to the park instead of walking him around the neighborhood.”

The trouble started more than a year ago, Allard said, when she began receiving notices from the association’s board ordering her to get rid of the dog. She has ignored fines of up to $300 levied against her by the association and said she would rather sell her house than give up her dog.

Allard and her husband, John, have put their $500,000 home up for sale but are hoping that the matter can be resolved.

“I like the beauty and the privacy of this neighborhood,” Tania Allard said. “But this all has been very stressful.”

Gary Roberts, 38, was also sued by the association because he refused to give up his yellow Labrador retriever, Katie, who weighs in at 48 pounds.

“At first, they sent me a letter requesting a certificate of weight from a licensed veterinarian, and I thought it was a joke. I laughed,” Roberts said. “It’s a stupid regulation and doesn’t deserve a place in the association’s rules. It’s difficult to respect anyone who would enforce such a stupid rule.”

Roberts said he is determined to continue to lead the effort in getting the weight regulation abolished, but said the entire experience has left him bitter. He plans to sell his townhome regardless of the outcome.

“I won’t be feeling victorious no matter what happens,” Roberts said. “I’m basically tired of the hassle. No one ever expected something so ludicrous to happen.”

Another resident, who asked that her name not be used, was also ordered to get rid of her 65-pound Samoyed shepherd mix, which she has owned for nine years. The woman said she received several warning letters since moving into the neighborhood last August, but was not among those sued.

“My attorney is laughing at me about this,” she said. “I can’t get rid of the dog. I couldn’t do that to my son. The association said they would do what they had to do and I said I would do what I had to do. I just can’t believe that anyone would spend this kind of time, money and effort over three dogs.”

Stanley Feldsott, an attorney representing the association, said the homeowners board has the right to enforce the regulation, which is designed to keep large dogs out of small neighborhoods.

“It’s really a size issue,” Feldsott said. “This is a pretty high-intensity development and doesn’t have a lot of space for dogs. The association is under duty to enforce the provision.

“If the residents don’t like the rule, they have the opportunity to change it, which they haven’t been able to do. Or, they can elect a new board.”

John Allard said there is an effort under way to vote the five board members out of office--an action that would require a majority vote of all residents.

“This board just doesn’t have any common sense,” he said. “It just makes me so damned angry.”