Homeowners’ associations (HOAs) help protect property values. Frequently, HOA bylaws may contain a variety of rules related to everything from lawn maintenance and trash pickup to the storage of non-working vehicles.
Restrictions on pets are also common. Limiting owners to a certain number of pets or imposing a maximum weight for pets is common. In some cases, the community may even ban specific dog breeds for safety and liability purposes.
Sometimes, people looking to buy in the community or to bring an animal to their home may claim that restrictions violate their rights. If they claim their pet is an emotional support animal, does the community need to allow it?
Emotional support animals require special consideration
Service animals are typically either dogs or miniature horses. They have undergone extensive training to provide services for people with medical needs.
Emotional support animals are different. They may have no training whatsoever. They can technically be any breed or species. Some people try to claim that their aggressive and unruly large dogs are emotional support animals. They might even purchase a certificate of questionable origins online from a fly-by-night service that identifies their pet as an emotional support animal.
Such situations can create real risk for HOAs. Technically, they have an obligation to accommodate medically necessary animals. However, residents should not misrepresent pets as emotional support animals or service animals to avoid costs or bypass restrictions.
In cases where people insist that an animal that they otherwise could not keep is an emotional support animal, the HOA may need to proceed with caution. Documenting interactions carefully and discussing the matter with an attorney can help HOA board members maintain community standards without violating the rights of individuals or disability laws.