Hoa Rules With Dogs In Massachusetts
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FAQ
Although ESA letters do not have an expiry date, it is still recommended to renew your ESA letter annually. Think of your ESA letter as a prescription for your emotional support animal care that you need to keep up to date.
You should give the landlord a prescription or letter from a therapist or doctor explaining that as a result of your disability, you would benefit from having an emotional support animal. If you do these things, the landlord generally must allow you to have an emotional support animal.
In general, HOAs and iniums can't refuse owners who have a legitimate request to keep emotional support animals. Under the Fair Housing Act, associations must make reasonable accommodations for homeowners who require ESAs. Of course, an HOA may ask for supporting documentation.
Typically, a condo association can't deny a service dog access to the property where all the legal requirements have been met. The COA can't ask a person with a disability accompanied by a service animal to provide documentation about their disability or request to instruct the animal to demonstrate its work.
Housing providers must not discriminate against applicants or residents on the basis of disability. Fair housing laws apply in most housing situations, including private housing and iniums. However, owner-occupied two-family houses may not have to allow assistance animals.
In Massachusetts, homeowners' associations, also called HOAs, are not governed by a particular law in the way that inium associations are. Generally, iniums are preferred by developers when trying to create housing arrangements with shared common spaces among different unit dwellers.
Each municipality sets its own regulations as to how many dogs a home can have based on things like population, average property size, and urban sprawl. In some more heavily populated areas like the town of Swampscott, Massachusetts the limit is three dogs.
Is there any way to get around HOA rules? While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
(a) The owner or keeper of a dog over the age of 6 months shall obtain a license for the dog. The registering, numbering, describing and licensing of a dog shall be conducted in the office of the licensing authority in the city or town in which the dog is kept.
