Associations must follow the FHA, which provides protection to both service animals and emotional support animals. People with emotional support animals also have equal access to housing. This also supersedes your HOA pet policy.
Florida House Bill 1203 introduces substantial reforms aimed at increasing transparency and accountability within HOAs. This bill mandates the online posting of governing documents, including covenants, restrictions, and financial records, ensuring that you, as a homeowner, have easy access to critical information.
The new law creates a clause, wherein disciplinary action will be taken against a healthcare practitioner's license for providing support information or documentation for an ESA without having any personal knowledge of the person's disability or disability-related need.
The HOA cannot impose pet 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. As standard practice, the HOA can ask for service animal documentation.
Without some sort of documentation, you are not required to allow the animal if you have a “no pets” policy. While there are exceptions, the protection for emotional service animals under the Fair Housing Act supersedes all inium rules and regulations.
What the Condo or HOA Rules Say About Pets. 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.
(2) REASONABLE ACCOMMODATION REQUESTS. —To the extent required by federal law, rule, or regulation, it is unlawful to discriminate in the provision of housing to a person with a disability or disability-related need for, and who has or at any time obtains, an emotional support animal.
When can a landlord or HOA legally reject an ESA in Florida? If you have a properly documented ESA letter from a licensed health professional, a landlord or Florida HOA cannot deny an ESA.
Massachusetts law allows individuals with a certified emotional support animal (ESA) to bring their animal into housing that otherwise prohibits pets. To qualify for an ESA, individuals must have a documented mental or emotional disability and a recommendation from a licensed mental health professional.
For instance, HOAs in California are required by law, to allow at least one pet per unit owner ing to California Code, Civil Code §4715. However, this doesn't stop associations from enforcing rules based on criteria such as size, breed, and number.