When it comes to pets there’s always a battle between home/condo owners and their respective association
Common Condo & Homeowners Association Pet Rules
Date Published: Oct 18, 2019
Are you a pet owner? Thinking of buying a property that falls under a homeowner Or Condo association? Then you’ll want to read this article. In it, we discuss some of the most common HOA and condo association pet rules and how they can affect you.
Some of them are sensible and practical, while others are downright unreasonable. Either way, you need to educate yourself about an association’s pet restrictions before you purchase property within a community. You never know, your furry friend may or may not be welcome.
What are condo and HOA pet rules?
Condo rules, bylaws, and covenants exist to ensure the longevity of the association and to promote safe and enjoyable living for all of its residents. Condo boards strive to ensure that all the common elements within the association are accessible to the development’s residents.
So, why does it matter what you do within the confines of your own individual unit? After all, you own that share of the property, right? Well, your actions have an impact on the noise, smells, health, and safety of others. That’s why HOAs and condo associations implement pet regulations based on:
- The number of allowed pets
- The weight of pets
- The breed of pets
- Exclusion of exotic and farm animals
The most important thing is for the restrictions to not encroach upon public policy. For instance, HOAs in California are required by law, to allow at least one pet per unit owner according to California Code, Civil Code §4715. This doesn’t stop associations from enforcing rules based on criteria such as size, breed, and number.
While condos are allowed to limit pet ownership, this can only be done through a written rule or regulation. This rule must have been voted in or have been part of the initial condo declaration.
Federal law always takes precedence in situations where HOA rules conflict with regulation. But, associations are still allowed to decline “reasonable accommodation” to residents who request assistance animals that pose a threat to the general safety of the community. The problem arises when certain members of the board want to enforce a ban based on their own preference instead of objective reasoning.
Common condo and HOA pet rules
The number of pets that are allowed
One of the most common pet restrictions enforced by home associations is that of how many pets are allowed per unit owner. Usually, this is done through a weight limit where unit owners are prohibited from owning pets that weigh more than 25 to 30 pounds. Other associations have a straightforward pet limit of no more than one or two dogs per unit owner.
To be honest, it makes sense to limit the number of pets allowed per unit. Things can easily get out of hand when you have multiple pets. An increase in dog traffic can also increase the level of noise pollution caused by barking.
The type of breed
Your association may restrict pet ownership based on the breed as well. This means there’s a specific clause in the association’s documents detailing the type dog breed that’s allowed. The basis for this rule is usually to appease unit owners. For instance, a unit owner with kids may not be comfortable living in an association with pit bulls because they’re considered an aggressive dog breed.
Needless to say, most dog owners consider this to be an unreasonable restriction and some might take offense to this sort of pet discrimination. After all, pet size and breed don’t always translate to certain behavior.
Well-behaved dogs come in all breeds and sizes and the same can be said for ill-mannered pups. We’ve all met our fair share of tiny “toy” dogs that are messy and make plenty of noise. Of course, large breed dogs can also be a handful. It depends on the owner’s ability to train and clean up after their pet.
Basically, the HOA’s decision to ban certain breeds depends on public perception and legislation which means it’s enforceable by law. Even disabled residents who need service animals are required to adhere to pet size and breed limitations. The only exception is if the person has a prior emotional attachment to a breed that’s not allowed by the association.
Service and emotional support animals
The issue of pets and handicapped claims is governed by the Federal Fair Housing Amendment Act. This law states that HOAs have to make reasonable accommodations for two classes of animals:
-Service animals are trained to perform certain tasks to assist their owners.
-Emotional support animals that provide therapeutic support.
It’s part of a concerted effort to encourage inclusive communities. The goal is to accommodate the needs of handicapped individuals so they can enjoy their community and have access to common elements like everyone else. The rights of an individual to have a pet under the Fair Housing Amendment Act can override any pet prohibition in the HOA declaration.
According to the Act, the handicap can be physical or mental. It can substantially limit one or more major life activities, and the HOA should accommodate the handicap by doing something that enhances the quality of life. Of course, while some claims for emotional support animals are legitimate some are devices to get around a pet rule.
In fact, there’s no shortage of unit owners who try to get around pet restrictions by claiming that they need a comfort animal. There are even cases of people who buy illegitimate doctor’s notes to make up a disability that would allow them to keep a pet in a building that doesn’t allow one. That’s why comfort animals can be a contentious issue in most communities.
It’s important to remember that pet restrictions are meant to maintain peace and order in the community.
To ensure fair compliance, most HOAs require the following from a unit owner to corroborate emotional support animal claims:
-A statement from a licensed mental health professional. This statement must state that the patient has a mental or emotional disability and the animal will ameliorate the effects of the disability.
Application of pet restrictions
One of the chief responsibilities of the HOA is to enforce community rules and regulations. This goes for pet restrictions too, and the HOA board has the right to impose a fine or at least issue a warning letter to unit owners who fail to comply with these restrictions. To be considered legal, the measures taken by the HOA to enforce pet restrictions must be in line with the community’s founding documents.
The board can even file a civil lawsuit against a unit owner that fails to observe community rules. The order would force the unit owner to remove their pet from the premises. Failure to do so within the permitted time period would mean that the member is in contempt of court and the sheriff would have to enforce the order.
It’s also important for the HOA to be consistent when it comes to enforcing pet restrictions. Giving certain members a “pass” because they know someone on the board can be seen as favoritism which is unfair and unlawful.
Behind every covenant in the HOA CC&R documents has a purpose and the board would do well to remember that when enforcing any particular rule. Fickle or erratic enforcement of the rules implies that the purpose behind the rule is insignificant and this opens an opportunity for unit owners to successfully challenge it.
While consistency is important when it comes to enforcing HOA rules, this isn’t always possible. For instance, members become exempt from rules that are enforced to curb conduct they were already engaged in. This is called grandfathering.
It means that if a unit owner already owns a pet of a certain breed and size that becomes prohibited, later on, the board won’t be able to enforce the amendment upon them. The reasoning behind this is that the activity was perfectly lawful when the member initially engaged in it.
HOA boards are advised to include a grandfather clause when implementing new pet rules and restrictions. Included in this clause should be an express exemption for members who already had non-compliant pets prior to the amendment. This will help to prevent waiver claims that cite the non-compliance of grandfathered residents.
The clause should also include an expiration date for the exemption, such as when the unit owner no longer owns the animal or when the property is transferred to another owner. This allows the HOA board to phase out the grandfather clause until the amendment is enforceable to all members.
Helpful guidelines for unit owners
While most HOAs are proudly pet-friendly, others are not so welcoming to four-legged family members. Here are some helpful tips to follow to avoid possible rule violations and disputes.
Read the rules
Before you purchase a unit in a condo association or HOA managed property, ask for the CC& R document. Read them to find out what the regulations are when it comes to pet ownership. For instance, the association may ask for a doctor’s certification or proof of training to ensure that your pet won’t pose a risk to other residents. Or, you may find that there are certain limitations based on size, weight or breed that affect your ability to keep your pet.
Get familiar with the rules to help you figure out whether the association is a good fit for you.
Clean up after your pet
If your association does allow you to keep pets, be sure to practice proper decorum. This means cleaning up after your pet whenever you take him for walks on the common areas and properly dispose of any “poo” that your dog produces along the way.
There should be pet waste disposal cans in common areas that are frequented by pet owners in your community to keep the groundwater clean.
Keep it quiet
Although your neighbors may not expect your pets to remain completely silent, constant loud barking will annoy anyone. If you notice your pet becoming noisier than usual, try and figure out what’s causing the problem. Does it happen when you leave them alone for long periods of time? Could they be feeling stressed over a recent change in the environment? Perhaps they’re struggling with some sort of health issue. Or maybe your pet is an incorrigible animal that gets enthusiastic every time he comes across squirrels and other smaller animals.
Whatever the cause, it’s important to identify it so you can take remedial action. If necessary, take your pet to the vet for a check-up to make sure there are no health concerns.
You should always keep an eye on your pets to make sure they don’t wander around the building and frighten other residents. You should also consider getting your dog trained by a professional if you haven’t already. Or look online for tips on how to train your dog. Otherwise, you might find yourself in hot water with other unit owners when Fido starts disturbing their peace.
Even if your HOA has flexible pet rules, things can change. To protect yourself from future amendments that might threaten your ability to keep a pet, include a special contingency in your purchase agreement. This contingency should state that in order to move forward with the purchase, you must receive written verification from the HOA board that your particular pet is accepted.
We all know that purchasing a property is a big and exciting event for a lot of people. But, when your agent hands you that thick stack of papers that come with it, you might find yourself rolling your eyes as you go through the boring legal mumbo-jumbo.
Unfortunately, you have a responsibility to study the rules and regulations that govern your condo association, especially if you have a pet or multiple pets. Just because you love your pet doesn’t mean the homeowner’s association is going to feel the same way. Most HOAs do have some sort of pet policy in effect and you’ll do well to familiarize yourself with it before you sign on the dotted line.