Academy/Common Rules & Restrictions
Pets
Where a "no pets" policy meets a hard federal limit, and where it doesn't.
A "no pets" rule cannot be enforced against a legitimate disability-related assistance animal request under the Fair Housing Act, which covers any species and requires no formal training. Outside that accommodation, breed, weight, and number limits in your CC&Rs are ordinary contract terms and are generally enforceable.
The no-pets rule has one federal exception
A blanket "no pets" policy sounds absolute, but it isn't. HUD's Fair Housing Act reasonable accommodation rule uses the example of a blind applicant who needs a seeing-eye dog: refusing the dog under a no-pets policy is a violation, because without it the resident cannot use and enjoy the home on equal terms. The same duty reaches condo and HOA no-pets rules, not just landlords.
"...will not have an equal opportunity to use and enjoy a dwelling."
Source: 24 CFR 100.204, Reasonable accommodations, U.S. Department of Housing and Urban Development
This is a covenant override that runs one direction only: it excuses a resident from a specific rule for a specific, disability-related reason. It does not repeal the rule for anyone else.
Assistance animal and service animal are not the same word
Boards routinely borrow the wrong standard here, and it is the single most common mistake on this topic. The ADA's "service animal" definition, the one that governs a clubhouse rented out to the public, is narrow.
"...the only animal that can qualify as a 'service animal'... is a dog."
Source: Legal Brief: Service Animals and Individuals with Disabilities Under the ADA, ADA National Network
The Fair Housing Act's "assistance animal" standard, the one that governs a resident's own unit, is broader: no species limit, no training requirement, just a disability and a disability-related need. A cat, a rabbit, or an untrained dog can qualify for a resident's home even though none of them could qualify as an ADA service animal in a public-facing space.
Breed, size, and number limits are still yours to enforce
Outside a disability accommodation, weight caps, breed restrictions, and limits on how many pets a unit may keep are ordinary terms in your Declaration and Rules, and they generally stand like any other covenant. Whether and how you may ask for supporting information on a non-obvious disability or need is a fact-specific process that depends on your state and your documents. Have your attorney review your request-and-verification process before you use it, not after a denial is challenged.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A resident in a no-pets condo asks to keep an emotional support dog for a documented anxiety disorder. What must the board do?
A resident asks to keep an untrained emotional support cat in their own condo unit. Which federal standard actually applies to this request?
A homeowner argues the board's fifty-pound weight limit on dogs is unenforceable because they own their unit. What's the accurate answer?
Sources
- 24 CFR 100.204, Reasonable accommodations, U.S. Department of Housing and Urban Development
- Legal Brief: Service Animals and Individuals with Disabilities Under the ADA, ADA National Network
Related elsewhere in the Academy
Common Rules & Restrictions
Next: a barking assistance animal is still a noise problem. See how Noise handles the overlap.
Whether a board may request supporting documentation for a non-obvious disability or need, and exactly which breed, size, or number limits your association can enforce, vary by state and by your governing documents.