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HOA Pet Rules

Pet limits, breed rules, and the fair-housing difference between a pet and an assistance animal.

Reviewed October 1, 20261 min read

This is general information for homeowners in the United States. It is not legal advice and it does not create an attorney-client relationship. Your CC&Rs and your state's current statute control. Read both, and talk with a lawyer licensed in your state before you rely on any of this.

Most declarations limit the number, size, or type of pets, and they require leashes and cleanup on common area. Those rules are ordinary and usually enforceable. Two other questions are not ordinary.

Assistance animals

The federal Fair Housing Act applies to many homeowners associations when they are enforcing housing rules. An assistance animal, including an emotional-support animal when the resident has a disability-related need, is not a pet. A no-pets covenant, a weight limit, or a breed ban may have to yield. The association can ask for reliable disability-related information when the disability and the need are not obvious. It cannot demand a particular website’s “certificate” as the only acceptable proof, and it cannot charge a pet deposit for the animal.

This is a real right and it is also fact-specific. A neighbor’s untrained dog is not an assistance animal because someone says so. If the board denies a request, or if you are the board reading this and you are unsure, this is lawyer territory. HUD complaints exist. So do bad requests. Do not invent a disability to keep a second dog.

Ordinary pet disputes

For a regular pet, read the number and the “nuisance” clause. Barking is usually a nuisance complaint, which means dates and times, not one angry note. If you received a fine, follow the violation notice steps and ask for the hearing.

Common questions

Can my HOA charge a pet deposit for a service dog?

Under the Fair Housing Act, a housing provider generally cannot charge a pet fee or pet deposit for an assistance animal. An assistance animal is not a pet. The animal can still be required to be under control.

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