Planned Development Services

The Homeowners Association Rules say NO Pets!

Your board may be faced with a request to accommodate an animal for a community member living in an HOA with a no pet policy. An obvious allowance would include seeing eye dogs for the visually impaired. However it is becoming more and more common for animals to be requested for psychological disabilities. 

Cases involving HOA pet restrictions in these circumstances are on the rise, and your board needs to do it’s due diligence when evaluating the accommodation request. A request for a “reasonable accommodation” is protected by the Fair Housing Act (this is separate from the ADA’s requirements for a “service animal”). This request is an alteration to or variance of the association’ covenants, rules, and policies to provide the disabled equal use and enjoyment of his/her home. Therefore, it is strongly suggested your board open a clear and positive dialogue with the requesting resident. Gain as much knowledge as you can about the request. This allows for the board to make an informed decision, avoid being quick to set precedents, and puts the board in a positive light should legal action be taken.

To comply with the pet accommodation request the association may do the following:

1. Require the resident to provide proof of the claimed handicap from a physician (however the physician does not have to disclose the details or provide medical history)

2. Require a physicians statement that the animal is necessary for the residents handicap/illness

3. Require the resident to follow a clear policy for clean-up of animal waste, leash requirements, etc.

Thank you Mulcahy Law Firm for contributing to this article!