Are HOAs entitled to make and enforce rules about emotional support animals? What about pets and other animals?
HOA boards have an obligation to uphold the law while meeting neighborhood expectations and enforcing HOA rules consistently from one homeowner to the next. This is a tall order, especially when serving on your neighborhood HOA board isn't your only job.
According to Utah state law, HOAs have the authority to enforce rules for their community as long as they're reasonable. Interpreting that language isn't a simple task, but we're here to help.
Read on to find out what the law says about support animals in an HOA community.
Can HOAs Prohibit Emotional Support Animals?
Though HOAs can enforce a large variety of rules regarding what residents do and don't do with their properties, they may not prohibit emotional support animals or service animals. Both of these categories are protected by the ADA because they are considered an accommodation for Americans with disabilities.
If you typically do not allow residents to own pets in your neighborhood, you can ask for proof of registration. You cannot, however, ask the resident about their disability, even if it is not a visible or noticeable disability. Pressuring a resident to reveal information about their health history can result in legal action.
Can HOAs Prohibit Other Pets?
Emotional support animals and service animals are not considered pets. They provide specific forms of support for their owner and are "on the job" at all times. Pets are any animals that a resident owns for pure enjoyment or companionship and that have no official working status.
HOAs can prohibit pets, but few do, as it often leads to neighborhood frustrations. Instead, HOAs tend to enforce specific rules regarding pets. Examples of common HOA rules pertaining to pets include:
- Keeping all dogs on a leash when outside of a designated fenced-in area
- Cleaning up after pets in public spaces and private yards
- Prohibiting specific breeds (e.g., Rottweilers and Pitbulls)
- Limiting the number of pets per household at any given time
The goal is to create rules that better the neighborhood without infringing on residents' rights to own and enjoy pets.
How to Handle HOA Violations Related to Pets
HOA rule enforcement works best when it's consistent and quick. Failing to enforce rules across the board can lead to claims of discrimination or favoritism. Failing to act fast when a resident breaks an HOA rule can make the rules seem more like guidelines than requirements.
Are you struggling to keep up with HOA responsibilities? It's time to consider partnering with an association management company. PMI provides customizable association management and can assist with legal compliance, finances, and community relations.
Call PMI for HOA Management in Orem
Emotional support animals are protected by federal law. While HOAs can prohibit pets, they cannot prohibit support or service animals. PMI understands the importance of keeping your community happy while remaining compliant with the law.
That's why we offer association management in Orem, Utah. Contact us to learn more about our services today.
