The Rights of Service Dogs & Emotional Support Animals in HOAs

According to the Centers for Disease Control and Prevention (CDC), over 61 million people in the United States live with some form of disability. As of 2019, there were about 200,000 emotional support animals in the country. As the number of people living with a disability increases, there is a continued need for service animals to help them improve how they live their lives.

That said, HOAs must have a service dog-and-handler team. It creates access for more communities to work together with the HOA to understand how important emotional support animals are. Also, it improves the accommodation and care of the service animals in condominiums or HOA.

Are Service Dogs Allowed in HOAs?

Yes, service dogs are allowed in HOAs, regardless of pet policies or breed restrictions.

• Under the Americans with Disabilities Act (ADA), service dogs are legally permitted in all public spaces.
• The Fair Housing Act (FHA) further ensures that individuals with disabilities can live in multi-family rental buildings, apartments, and condominiums without facing discrimination.
• Even if an HOA enforces a "no pets" policy, service dogs must be accommodated without additional fees or restrictions.

It is unlawful for an HOA to deny housing or access to a qualified service animal.

Are Emotional Support Animals Allowed in HOAs?

Yes, emotional support animals (ESAs) are allowed in HOAs, but with different protections than service animals.

• ESAs are not considered service animals, but they are covered under the Fair Housing Act (FHA).
• If an HOA has a "no pet" policy, residents with an ESA can request a reasonable accommodation by providing a valid ESA letter from a licensed healthcare provider.
• Over 40 qualifying conditions—such as PTSD, anxiety, and depression—allow individuals to obtain ESA documentation.
• HOAs cannot charge additional pet fees for an ESA, but they may require documentation to verify the need for the animal.

HOAs should work with residents and legal professionals to ensure compliance with ESA regulations while maintaining community policies.

Sensitizing the Communities on Service Dogs and Support Animals

Service dogs and emotional support animals are not just pets—they are essential companions that improve the quality of life for individuals with disabilities. Educating HOA communities about the legal rights and responsibilities of residents with service animals and ESAs can foster a more inclusive and supportive environment.

Key steps HOAs can take:

• Provide clear guidelines on service animal and ESA policies within HOA governing documents.
• Train board members and property managers on ADA and FHA compliance.
• Encourage open communication between residents to reduce misunderstandings.

By aligning HOA policies with federal law, associations can avoid legal challenges and create a welcoming environment for all residents.

Seek Professional HOA Management Services

Understanding and enforcing service animal and ESA regulations is just one of many responsibilities for an HOA. RealManage offers expert HOA management services to help associations navigate compliance, policy enforcement, and community engagement. Contact RealManage today to learn how we can support your HOA’s legal and operational needs.