HOAs are private entities. If the board wants to enforce a “no pets” policy, they are legally able to do so.
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.
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.
(c) Number of dogs allowed. It shall be unlawful for any person to own, possess, shelter, keep, harbor, or maintain more than three (3) dogs that are six (6) months of age or older at or within any one (1) residence, dwelling, or legal property boundary, at any given time.
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
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.
You cannot restrict service animals in HOAs, but you can ask homeowners for proof or documentation. Service animals do not require specific documentation to be considered service animals.
(c) Number of dogs allowed. It shall be unlawful for any person to own, possess, shelter, keep, harbor, or maintain more than three (3) dogs that are six (6) months of age or older at or within any one (1) residence, dwelling, or legal property boundary, at any given time. Exceptions.