Service Dogs and Emotional Support Animals: A Comprehensive Guide for Prospective Homebuyers in HOAs

Purchasing a home within a Homeowners Association (HOA) often comes with its unique set of rules and regulations. This is especially true for those who own service dogs or emotional support animals (ESAs). In this guide, we aim to enlighten future homebuyers on the rights and responsibilities associated with owning these animals in an HOA, as laid out by the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).

Service Dogs and HOAs: What Prospective Buyers Need to Know

A service dog, as defined by the ADA, is specifically trained to perform tasks or work for a person with a disability. The responsibilities of a service dog can range from guiding visually impaired individuals to alerting individuals who are hard of hearing to certain sounds.

Access and Fee Considerations for Service Dogs in HOAs

Service dogs are granted extensive access rights under the ADA, which means they are allowed in all areas where the general public can go. As a prospective homebuyer, you should know that these dogs are allowed to reside in your HOA property, regardless of any 'no pets' policies. Importantly, as service dogs aren't deemed pets under ADA and FHA rules, no pet fees can be imposed.

Emotional Support Animals in HOAs: An Overview

ESAs differ from service dogs. They are not limited to being dogs and don't need any particular training. Their primary role is to offer emotional comfort to individuals with emotional, psychological, or mental health conditions.

ESA Housing Rights and Fees in HOAs

ESAs don't have the same public access rights as service dogs, as per the ADA. However, the FHA does mandate reasonable accommodations for ESAs. This implies that even if your chosen HOA property enforces a 'no pets' policy, ESAs are an exception. Similar to service dogs, ESAs aren't considered pets, so you cannot be charged pet-related fees.

Documentation for Service Dogs and ESAs in HOAs

The rules around documentation vary between service dogs and ESAs. For service dogs, you can only be asked if the dog is a service animal due to a disability and what tasks the dog is trained to perform. When it comes to ESAs, HOAs can request documentation from a healthcare provider, confirming the necessity of the animal due to a disability.

Summary for Future Homebuyers in HOAs

Navigating HOA rules when it comes to service dogs and ESAs can be complex, but with a clear understanding of the ADA and FHA regulations, prospective homebuyers can make informed decisions. Recognizing these rights and regulations will ensure a harmonious living situation for you and your animal companions in your new HOA community.

For personalized advice, we always recommend consulting with a legal professional. While this guide offers a general understanding, it does not constitute legal advice.