Since 2009, 115,832 animals have been registered as service animals by the National Service Animal Registry. This growing trend means HOA animal policy has to evolve as well.
For residents in homeowners associations (HOAs) in McDonough, Georgia, understanding the rights and responsibilities surrounding support animals is essential to maintaining harmony and compliance within the community.
Here's what you need to know about support animals in HOAs, including the key guidelines and legal considerations.
The Fair Housing Act (FHA) and HOA Responsibilities
The Fair Housing Act is the primary law that protects the right to have an emotional support animal in housing facilities, including those governed by HOAs.
According to the FHA, an HOA cannot refuse a resident's reasonable accommodation request for an emotional support animal or service animal if the resident has a disability and can demonstrate that the animal is necessary to accommodate that disability.
When an HOA receives a request for an ESA or service animal, they may ask for documentation that shows the resident has a disability and that the animal provides emotional or physical support related to that disability.
However, the HOA cannot inquire about the specifics of the person's condition, nor can they require the emotional support animals to have specialized training.
Reviewing HOA Pet Policies and Making Accommodations
HOAs in McDonough typically have policies in place that regulate the types of pets allowed in the community, along with rules on size, breed, and noise restrictions.
While these rules can apply to pets, they do not apply to emotional support or service animals if a reasonable accommodation request has been made. Therefore, if a resident provides the necessary documentation, the HOA must make an exception to pet restrictions for the support animal.
However, HOAs can still enforce policies that ensure the safety and comfort of all residents. For example, the HOA may require that support animals remain under control, do not disturb others, and do not pose any direct threat to the community.
Reasonable Limits and Responsibilities of Support Animal Owners
While housing accommodations in HOAs must be made for service animals, they also have the right to enforce reasonable support animal rules regarding these animals' behavior and management. Support animal owners are responsible for:
- Keeping the animal on a leash or in control at all times
- Cleaning up after the animal
- Ensuring the animal does not pose a threat to other residents or pets
- Preventing excessive noise or disruptive behavior
If a support animal exhibits dangerous or disruptive behavior, the HOA may have grounds to ask the resident to take corrective action or, in extreme cases, remove the animal.
Support Animals in HOAs - Provide Necessary Accommodations
Your HOA could get into serious trouble if it doesn't follow the rules relating to support animals in HOAs. That's why you will want to tread carefully.
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