![]() ![]() One of the chief responsibilities of the condo/HOA is to enforce community rules and regulations. This statement must show that the patient has a mental or emotional disability and the animal will lessen the effects of the disability. A statement from a licensed mental health professional. To ensure fair compliance, most condos and HOAs require the following from an owner to corroborate emotional support animal claims: It’s important to remember that pet restrictions are meant to maintain peace and order in the community. The rights of an individual to have a pet under the Fair Housing Act can override any pet prohibition in the declaration.Ĭlaims for emotional support animals should be reviewed carefully and approved on a case by base basis. ![]() When an owner makes a reasonable request to keep a service animal, associations are encouraged to accommodate the request as long as it does not negatively impact the community as a whole or endanger individual members. While rules about emotional support animals are less clear, they do provide therapeutic support to owners. They are trained to perform certain tasks so that their owners can live more independently. This law states that HOAs have to make reasonable accommodations for two classes of animals: The issue of pets and people with disabilities is governed by the federal Fair Housing Act. Some states/counties have banned specific dog breeds, which means owners cannot keep them on condo/HOA property, even if other members are comfortable with the dogs. The association’s decision to ban certain breeds depends on public perception, and legislation, which means it’s enforceable by law. It depends on the owner’s ability to train and clean up after their pet. Of course, large breed dogs can also be a handful. We’ve all met our fair share of tiny “toy” dogs that are messy and make plenty of noise. ![]() Well-behaved dogs come in all breeds and sizes and the same can be said for ill-mannered pups. After all, just like size, a pet’s breed don’t always translate to certain behavior. Needless to say, most dog owners consider this to be an unreasonable restriction and some might take offense to this sort of pet discrimination. For instance, a unit owner with kids may not be comfortable living in an association with pit bulls because they’re considered an aggressive dog breed. The basis for this rule is usually to appease unit owners. This means there’s a specific clause in the association’s documents detailing the type dog breed that’s allowed. Your association may restrict pet ownership based on the breed as well. Just because a dog weighs 10 kilograms doesn’t automatically mean they will be better behaved than a dog that weighs 40 kilograms.Ĭommunities are advised to think about creating policies that target poor behavior as opposed to size. However, weight limits may be considered outdated. Most of us wouldn’t want to live in a neighborhood where there are more dogs than people. This helps limit the noise, waste, odors, and damage typically created by animals. Placing a limit of the number of cats, dogs and birds allowed in a home at one time is reasonable. Usually, this the limit is 2 domestic animals, and large dogs may not be allowed on the property. One of the most common pet restrictions enforced by home associations is the number and size of pets. The number of p ets and weight restrictions.But, associations are still allowed to decline “reasonable accommodation” requests if the animal poses a threat to the general safety of the community. This rule must have been voted in or have been part of the initial declaration.įederal law always takes precedence in situations where rules conflict with regulations. While associations are allowed to limit pet ownership, this can only be done through a written rule or regulation. Problems tend to arises when associations try to enforce a ban based on preferences instead of objective reasoning. However, this doesn’t stop associations from enforcing rules based on criteria such as size, breed, and number. The most important thing is for the restrictions to not encroach upon public policy. For instance, HOAs in California are required by law, to allow at least one pet per unit owner according to California Code, Civil Code §4715. That’s why HOAs and condo associations implement pet regulations based on: So, why does it matter what you do within the confines of your own individual unit? After all, you own that share of the property, right? Well, your actions have an impact on the noise, smells, health, and safety of others. Condo and HOA boards strive to ensure that all the common elements within the association are accessible to the development’s residents. Accessing Documents & Resident InformationĬommunity rules, bylaws, and covenants exist to ensure the longevity of the association and to promote safe and enjoyable living for all of its residents.
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