Service Animals and HOAs

Finding the right home can be tricky—trickier still if you’re looking at condos or townhomes and have an assistance animal (service or support animal). If you are looking at a unit in an association that doesn’t allow the type of assistance animal you have under a pet policy, you may need to ask for an accommodation. There is some guidance from FHA, HUD and local governments but most of it has been left up to HOAs to decide.
 

Ideally, every HOA will have a policy in place to assure that all residents receive fair treatment in this situation. Contact the HOA or management company to get clarification on their policies and what the process is for obtaining an accommodation. The HOA can ask you to substantiate the need for an accommodation, especially if it’s not obvious like a physical impairment. They can also ask you to describe the relationship between the disability and the need for the accommodation.  
 

Generally speaking, HOAs can’t require that the animal be specially trained or certified or that the animal be of a certain breed or size. The HOA also should not act in a way that penalizes the disability. If the HOA grants an accommodation, they can expect that regardless of the animal’s role, there is no nuisance or mess and they can enforce these expectations with fines. Barring a legitimate threat to another’s safety, the HOA can’t remove the animal.
 

The important thing is to check with the HOA right away if you have an assistance animal and are looking into a multi-unit living situation. It can be a delicate balance between accommodating someone with a disability and protecting the peace and enjoyment of all residents but it can be done. If you or someone you know has any questions about service animals, please reach out and we’ll make sure you get the answers you need.