Are you a pet owner? Thinking of buying a property that belongs to a homeowners or condo association? Then you’ll want to read this article.
In it, we discuss some of the most common HOA and condo association pet rules and how they can affect you.
Many of them are sensible and practical, but on occasion, you might find a rule that could use an update. Either way, you need to educate yourself about an association’s pet restrictions before you purchase property within a community.
What are condo and HOA pet rules?
Community rules, bylaws, and covenants exist to ensure the longevity of the association, and to promote safe and enjoyable living for all of its residents.
Condo and HOA boards strive to ensure that all of the shared spaces within the association are accessible to everyone. But rules sometimes limit what you can do inside of your home, especially if you live in a condominium community.
Noises and smells don’t tend to remain within the interior of a home, and on rare occasions, the health and safety of others can be affected by someone else’s actions or decisions. That’s why HOAs and condo associations implement pet regulations based on things like:
- The number of allowed pets
- The weight of pets
- The breed of pets
The more pets you have, the harder it is to control noise and odors.
Condos and HOAs may have the authority to ban pets completely
While most associations do have the freedom to go as far as banning pets completely, restrictions cannot encroach upon public policy. For example, HOAs in California are required by law, to allow at least one pet per home, subject to reasonable rules and regulations. However, this doesn’t stop associations from enforcing rules based on criteria such as size, breed, and number.
While associations are allowed to limit pet ownership, this can only be done through a written rule or regulation. If it’s not in writing, it can’t be enforced.
Federal law always takes precedence in situations where rules conflict with regulations. But, associations are still allowed to have pets (or service animals, which will be addressed momentarily) removed from the property if the animal poses a threat to the general safety of others.
Common condo and HOA pet rules
Limitations on the number of pets
One of the most common pet restrictions enforced by condos and HOAs is the number of pets. Usually, the limit is 2 domestic animals. Pet polices may spell out what types of animals are considered domestic. Potbelly pigs, for example, may not qualify.
Placing a limit of the number of cats, dogs and birds allowed in a home at one time is reasonable. This helps limit the noise, waste, odors, and damage typically created by animals. Most of us wouldn’t want to live in a neighborhood where there are more dogs than people.
Weight limitations
Weight limits are usually created to restrict big dogs from living on the property. This rule may be considered outdated though. Just because a dog weighs 10 kilograms doesn’t automatically mean they will be better behaved than a dog that weighs 40 kilograms.
Communities are advised to think about creating policies that target poor behavior as opposed to the size of the animal.
Breed restrictions
Your association may restrict pet ownership based on the breed as well. This means there’s a specific clause in the rules detailing the type of dog breed that’s allowed. The basis for this rule is usually to appease other owners, unless the state has placed a ban on certain dog breeds. For instance, pit bulls are considered an aggressive dog breed, and even if they are well-behaved, other members may be fearful of being near them.
Needless to say, most dog owners consider this to be an unreasonable restriction. After all, just like size, a pet’s breed don’t always translate to certain behavior.
Well-behaved dogs come in all breeds and sizes and the same can be said for ill-mannered pups. We’ve all met our fair share of tiny “toy” dogs that are messy and make plenty of noise. Of course, large breed dogs can also be a handful. It depends on the owner’s ability to train and clean up after their pet.
Application of pet restrictions
One of the chief responsibilities of the condo/HOA is to enforce community rules and regulations. This goes for pet restrictions too, and the board has the right to impose a fine or at least issue a warning letter to owners who fail to comply with these restrictions. To be considered legal, the measures taken by the association to enforce pet restrictions must be in line with the community’s violation process.
The board can even file a lawsuit against an owner that fails to observe community rules. The order would force the owner to remove their pet from the premises. Failure to do so within the permitted time period would mean that the member is in contempt of court and a sheriff would have to enforce the order.
It’s also important for the association to be consistent when it comes to enforcing pet restrictions. Giving certain members a “pass” because they know someone on the board can be seen as favoritism which is unfair and will create conflict within the community.
Fickle or erratic enforcement of the rules implies that the purpose behind the rule is insignificant and this opens an opportunity for owners to successfully challenge it.
Service animals and assistance animals
The issue of animals and people with disabilities is governed by the federal Fair Housing Act. Condos and HOAs have to make reasonable accommodations for two classes of animals:
- Service animals. These animals are not considered pets. They are trained to perform certain tasks so that their owners can live more independently. An association cannot impose restrictions on these animals; they are not allowed to refuse certain breeds, weights, or sizes. Service animals are also allowed in all areas of the property.
- Assistance or emotional support animals. While rules about emotional support animals are less clear, there is evidence that they do provide therapeutic support to owners, and associations must take requests for these animals seriously.
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. The rights of an individual to have a service animal under the Fair Housing Act can override any pet prohibition, and refusing a request could expose an association to legal troubles.
Claims for assistance or emotional support animals should be reviewed carefully and approved on a case-by-case basis. It’s important to remember that pet restrictions are meant to maintain peace and order in the community.
To ensure fair compliance, most condos and HOAs require the following from an owner to corroborate emotional support animal claims:
- A statement from a licensed health professional. This statement must show that the patient has a disability and the animal will lessen the effects of the disability.
- A determination of a disability from a federal, state, or local government agency
- A receipt of disability benefits or services (Social Security Disability Income), Medicare or Supplemental Security Income for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency
Owners must still be able to pick up after their animals and abide by other pet ownership rules. The animals must not harm or threaten anyone else in the community. If they do, the association has a right to have the animal removed.
Can pet rules change?
While consistency is important when it comes to enforcing community rules, sometimes, change is necessary.
Yes, pet rules can change. Perhaps there wasn’t a limit on the number of animals an owner could have, but pet waste has become a problem, so the board created a limit of 2 domestic animals per household.
But, it would be unfair to ask existing owners who have 3 animals to get rid of one. In these situations, the board can use a grandfather clause.
Grandfathering is a provision that allows an old rule or law to continue to apply to some existing situations.
In this case, it means that if an owner already owns a pet of a certain breed and size that becomes prohibited, later on, or has 3 pets, the board won’t require them to comply with the new rule until their situation changes. If one of the beloved pets passes away, then the owner who had 3 pets would not be able to replace it. They would be limited to 2 pets.
Boards are advised to include a grandfather clause when implementing new pet rules and restrictions. Included in this clause should be an express exemption for members who already had non-compliant pets prior to the amendment. This will help to prevent waiver claims that cite the non-compliance of grandfathered residents.
Helpful guidelines for owners
While most condos/HOAs are proudly pet-friendly, others are not so welcoming to four-legged family members. Here are some helpful tips to follow to avoid possible rule violations and disputes.
Read the rules
Before you purchase a unit in a condo association or HOA-managed property, ask for the governing documents.
Read them to find out what the regulations are when it comes to pet ownership. For instance, the association may ask for a doctor’s certification or proof of training to ensure that your pet won’t pose a risk to other residents.
Or, you may find that there are certain limitations based on size, weight or breed that affect your ability to keep your pet.
Get familiar with the rules to help you figure out whether the association is a good fit for you.
Clean up after your pet
If your association does allow you to keep pets, be sure to practice proper pet care. This means cleaning up after your pet whenever you take them for walks on the common areas and properly disposing of any waste that your dog produces along the way.
Keep it quiet
Although your neighbors can’t expect your pets to remain completely silent, constant loud barking will annoy anyone. If you notice your pet becoming noisier than usual, try and figure out what’s causing the problem.
Does it happen when you leave them alone for long periods of time? Could they be feeling stressed over a recent change in the environment? Perhaps they’re struggling with some sort of health issue. Or maybe your pet is an incorrigible animal that gets enthusiastic every time they comes across squirrels and other smaller animals.
Whatever the cause, it’s important to identify it so you can take remedial action. If necessary, take your pet to the vet for a check-up to make sure there are no health concerns.
Avoid wandering
You should always keep an eye on your pets to make sure they don’t wander around the building or property and frighten other residents. You should also consider getting your animal trained by a professional if you haven’t already.
It’s also required to have your dog on a leash in most common areas. Otherwise, you might find yourself in hot water with other owners when Fido starts disturbing their peace.
Protect yourself
Even if your association has flexible pet rules, things can change. To protect yourself from future amendments that might threaten your ability to keep a pet, include a special contingency in your purchase agreement.
This contingency should state that in order to move forward with the purchase, you must receive written verification from the board that your particular pet is accepted.
Conclusion
We all know that purchasing a property is a big and exciting event for a lot of people. But, when your agent hands you that thick stack of papers that comes with it, you might find yourself rolling your eyes as you go through the boring legal text.
Unfortunately, you have a responsibility to study the rules and regulations that govern your association, especially if you have a pet or multiple pets. Just because you love your pet doesn’t mean the association is going to feel the same way. Most communities do have some sort of pet policy in effect, and you’ll do well to familiarize yourself with it before you sign on the dotted line.
