No matter what your community’s pet policy is, service animals are almost always allowed. Unlike pets, service animals are not subject to the same rules, so here are some general things to consider when dealing with service animals.
Fair Housing Act Pets and HOAs
This act protects people and their service animals from discrimination. It supersedes all HOA CC&Rs, and even if your HOA has a no pet policy, service animals for disabilities, including emotional needs, must be allowed.
Emotional support animals
In recent years, service animals have grown to include emotional support animals. These animals need to follow the same rules as other pets. They should be on leash or under verbal command, their owner should clean up after them, and they shouldn’t be a noise nuisance.
Request documentation
If you have someone moving into your community with a service animal it is OK to request documentation. In fact, we encourage it as a matter of documentation and policy. If it is truly a service/emotional support animal, the owner should have no problem providing proof. Be clear it’s not personal, but just procedure when a service animal moves in.
When they can be denied
In most cases HOAs are required by law to allow service animals, but there are rare times/situations when you can deny them. Check state and local laws to verify what is allowed in your area!
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No matter what your personal opinion or HOA policy, remember that laws protecting service/emotional support animals override other rules. Be understanding, fair, and have HOA guidelines for dealing with these animals. If you’re concerned, confused, or just want some professional advice on how to best deal with service/emotional support animals, just give us at Spectrum a call, we are happy to help!
