Keep in mind that if a homeowner moves to an area that is governed by a property owners' association, they may not opt out of it. The only way to leave is by selling their house or petitioning to have their residence removed. Only once the petition is granted can they leave the association.
An HOA can enforce pet limits in the community. Your HOA dog rules can have limitations on breed, the number of pets, and maximum size or weight. For example, if the community is comprised of families with a lot of young children, you might want to prohibit dangerous dog breeds, such as pit bulls and rottweilers.
If you're dealing with a voluntary HOA, you may have the option not to join the HOA, but you could still be prone to certain rules and restrictions that are included in your property deed or local ordinances. Be sure to ask your realtor about these options.
Unfortunately, if they prove the dogs are aggressive, they can make you remove them from the property. If the dogs are service animals or emotional support animals, even though those are protected under the law, if they are aggressive and it can be proven they are aggressive the HOA can force you to remove them.
Florida adopted a new dangerous dog law that went into effect on October 1, 2023. This new law prevents local governments and public housing authorities from adopting policies or ordinances that designate a dog as dangerous based solely on its breed, size, or weight.
HOAs often forbid or strictly limit the number of animals residents can have. You may be allowed no dogs, or only one dog, or up to two dogs so long as each one weighs less than 35 pounds, or only dogs that belong to certain breeds. Cats, birds, and other pets may be similarly limited or restricted.
Florida Prohibits Public Housing Policies that Restrict Dogs Based on Breed, Size, or Weight.
There is no Texas state agency that oversees property owners' associations. Talking to the board or checking the association's rules can sometimes resolve misunderstandings and disagreements. The association's governing documents will often provide a way to submit a complaint directly to the association.
Amending HOA bylaws in Texas typically requires a vote from the membership in ance with the procedures outlined in the bylaws themselves. These procedures often include a specific quorum and majority of votes, and must comply with the Texas Residential Property Owners Protection Act.