Pet policies are among the most common and important HOA restrictions. Understanding pet policies before purchasing helps you determine if a community accommodates your furry family members and what rules you'll need to follow.
Common Pet Restrictions
HOA pet policies typically include various restrictions:
1. Number Limits
Most HOAs limit the number of pets per unit, commonly:
- Maximum of 2 pets per unit
- Sometimes separate limits for dogs and cats
- May count all animals or only certain types
2. Size and Weight Limits
Many associations restrict pet size:
- Weight limits (e.g., pets under 25 or 50 pounds)
- Height restrictions
- Combined weight limits for multiple pets
3. Breed Restrictions
Some HOAs prohibit specific breeds, often including:
- Pit bulls and pit bull mixes
- Rottweilers
- Doberman Pinschers
- German Shepherds
- Chow Chows
- Other breeds deemed "aggressive"
Important: Breed restrictions may violate fair housing laws if they discriminate against assistance animals or service dogs.
4. Type Restrictions
Associations may limit allowed animals:
- Only dogs and cats allowed
- Prohibitions on exotic animals
- Restrictions on farm animals or livestock
- Limits on certain types of pets
Common Pet Rules
Beyond restrictions, HOAs typically have rules for pet behavior:
- Leash Requirements: Pets must be leashed in common areas
- Waste Cleanup: Owners must immediately clean up after pets
- Noise Control: Pets cannot create excessive noise or disturbances
- Confinement: Pets must be kept indoors or in enclosed areas
- Registration: Pets may need to be registered with the association
- Insurance: Some associations require pet liability insurance
- Vaccination: Proof of current vaccinations may be required
Service Animals and Assistance Animals
Federal and state laws provide important protections:
Service Animals
Under the Americans with Disabilities Act (ADA), service animals (dogs trained to perform tasks for people with disabilities) cannot be restricted by breed, size, or weight. HOAs must make reasonable accommodations.
Emotional Support Animals
Under the Fair Housing Act, emotional support animals (ESAs) are considered assistance animals. HOAs must make reasonable accommodations and cannot:
- Charge pet fees or deposits
- Apply breed or weight restrictions
- Require pet registration
- Deny reasonable accommodation requests
However, owners may need to provide documentation from a healthcare provider.
Pet Fees and Deposits
Many HOAs charge fees for pets:
- Pet Deposits: Refundable or non-refundable deposits
- Monthly Pet Fees: Additional monthly charges per pet
- Registration Fees: One-time fees to register pets
- Pet Rent: Additional monthly rent for pets
Note: These fees typically cannot be charged for service animals or ESAs with proper documentation.
Enforcement of Pet Policies
Violations of pet policies may result in:
- Written warnings
- Fines for violations
- Requirements to remove unauthorized pets
- Legal action to enforce policies
Before You Buy
If you have or plan to have pets:
- Review Pet Policies: Read CC&Rs and rules carefully
- Check Restrictions: Verify your pets comply with all restrictions
- Ask About Enforcement: Understand how strictly policies are enforced
- Consider Future Plans: Think about pets you might want in the future
- Check Fees: Understand all pet-related costs
- Review Appeal Processes: Know your rights if you need accommodations
Challenging Pet Restrictions
You may be able to challenge restrictions that:
- Violate fair housing laws (for assistance animals)
- Are unreasonably restrictive
- Are inconsistently enforced
- Violate state or local laws
- Are arbitrary or capricious
If you need to challenge restrictions, consult with an attorney specializing in fair housing or HOA law.
Tips for Pet Owners
To avoid problems with pet policies:
- Register pets with the association if required
- Keep pets on leash in common areas
- Clean up after pets immediately
- Control noise and barking
- Maintain current vaccinations
- Respect neighbors and their property
- Follow all pet rules and restrictions
- Request accommodations if needed for assistance animals
Red Flags
Watch out for pet policies that:
- Prohibit all pets (may be too restrictive)
- Have unreasonable breed or size restrictions
- Charge excessive fees
- Are inconsistently enforced
- Don't accommodate assistance animals
- Violate fair housing laws
Conclusion
Pet policies significantly impact whether an HOA community is right for you and your pets. Before purchasing, thoroughly review pet restrictions, understand fees, and ensure your pets comply. If you have assistance animals, know your rights under fair housing laws. By understanding and following pet policies, you can enjoy HOA living with your furry companions.