This article was recently updated on Septemto reflect the most current information.A pet addendum gives permission to allow the tenant to have pets on the rental property.
An attorney will review federal and state laws regarding your pet and advise you of your legal options moving forward. In order to be properly educated on local laws, rules and restrictions, sometimes the best course of action is legal counsel. Another common dispute that arises in communities is when HOAs fail to consistently enforce or advertise their rules. A common issue with HOAs is when homeowners believe the pet policy violates the state and county law. To be certain, make sure to double-check your state and county laws.Ĭurrently, there are a multitude of situations in which you should speak with an attorney if you are involved in a pet-related dispute with your respective HOA. Depending on the jurisdiction, federal and state laws around service animals may not extend to untrained or unlicensed emotional support animal. Even an HOA with a no pet policy is prohibited from banning a resident from having a legal service animal, which in some case can be vital for the owner’s productivity, health and safety.ĭespite this, HOAs still recognize there are differences between service animals and emotional support animals. Federal housing and disability protection laws allow individuals with physical, mental and emotional disabilities to have service animals. While an HOA may have the right to ban pets, this right is always an absolute. In addition to restrictions on pet ownership, HOAs may also have rules related to pets on the property in general such as requiring them to be leashed while in common areas, requiring homeowners to pick up their animal’s waste or noise limits when it comes to barking. Another typical restriction may be against “ potentially dangerous breeds” or pets who have been deemed dangerous under the law for biting. For instance, an HOA may limit each household to only two pets or one pet per certain square footage.Ĭommon limitations are usually on the number of pets you could own at any given time, with some restrictions pertaining to certain breeds of dogs or the weight of the dog.
Additionally, HOA’s have the right to limit pets as long as all restrictions are stated clearly in the community restrictions list. Privately established and operated entities such as HOAs are not legally restricted from forming a “no pets” policy. While a very few amount of HOAs decide to prohibit pets entirely, they do possess the right to do so.
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If you violate a regulation, your HOA could take a series of enforcement steps against you, including a correction of the issue or a monetary fine.Ĭan HOAs Prohibit Pets From My household? In some cases, member fees are accumulated into a reserve fund to be used for larger projects. This fee goes toward maintaining common areas and shared structures in the community. The HOA is responsible for managing and maintaining the shared aspects of the community.Īs a homeowner living in a community with an HOA, you will have to pay a monthly or annual members fee. An HOA is a privately established organization which is governed by a board of directors comprised of elected homeowners. However, in the case of a condominium, townhouse or a single-family home in a planned development, then you are required to join that community’s HOA. If you purchase a standard, single-family home, more often than not, you do not have to adhere to or even join an HOA, allowing each property owner the right to do what they want with their home.
What Is the Difference Between a Service Animal and Emotional Support Animal?
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