While an association cannot exclude an emotional support animal, they can require some documentation in support of the owner's request. That documentation may include: A written request by the owner to the HOA to accommodate the owner's emotional support animal.
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
HOAs are private entities. If the board wants to enforce a “no pets” policy, they are legally able to do so.
An HOA's power comes from a legal document called the covenants, conditions, and restrictions (CC&Rs). These rules explain what homeowners can and cannot do with their property and how they must take care of it.
§ 90.27 OWNERSHIP OF DOG; DEFINITION. The word OWNER, when applied to the proprietorship of a dog, shall include every person having a right to property in the dog, every person who keeps or harbors the dog or has it in his care, and every person who permits the dog to remain on or about the premises occupied by him.
On July 8, 2024, the Governor signed the Homeowners' Energy Policy Act, MCL 559.301, et seq. (“HEPA”), which becomes effective on April 1, 2025. The HEPA is intended to limit a homeowners association's ability to restrict or prohibit an owner from installing solar panels and other energy-saving devices.
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.
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.