What Your HOA Needs to Know About Homeowners Association Pet Restrictions
Pets can be integral members of a family and, thus, integral members of a community. The average homeowners association, or HOA, welcomes four-legged residents with open arms. Having an HOA pet policy, including certain pet restrictions, is acceptable. These HOA pet restrictions help ensure that all residents of the HOA feel safe and comfortable while also creating safeguards against things like excessive barking and noise.
If your HOA does not have pet policies, now may be an excellent time to consider them. Several homeowners association pet restrictions can make your community more welcoming to all while also providing home and condo owners clear expectations about what kind of pets they may have and how to care for them.
Common Examples of Homeowners Association Pet Restrictions
Generally speaking, the HOA has the right to determine the number of pets allowed in their community (or the number of pets allowed in each home) and the type of pets permitted. Note that when we talk about homeowners association pet restrictions, we mainly talk about dogs. Frankly, the average HOA or condo association doesn’t care what kinds of goldfish or hamsters a homeowner has, and these smaller animals rarely warrant mention in a pet policy.
With that said, here are a few examples of some of the most common HOA pet restrictions.
1 Rules About Registering Pets
Homeowners associations may require that homeowners register any pets with the association. There is a simple, straightforward reason: If the Board of Directors doesn’t know how many pets are in their community, they cannot realistically enforce dog restrictions or rules.
The HOA can ask new home or condo owners to report any pets they own before moving in. Pet regulations may also require that current homeowners fill out a new pet application before they acquire a new dog or cat.
By asking all homeowners to register their pets, the HOA can more easily keep up with pets in the community, follow up with homeowners who need to follow the pet restrictions, and even make sure all pets in the community are up-to-date with essential vaccinations.
2. Rules About Pet Waste
In addition to HOA pet restrictions, the community can impose some rules about waste pickup and elimination. Therefore, dog rules may require pet owners to keep their front lawns or all common areas free of poop and solid waste. Keep in mind that animal poop, when left unaddressed, can become quite harmful and toxic, so it can be a matter of public health and safety. It is entirely within your HOA’s rights to state that all pet owners must pick up and properly dispose of their animal’s droppings.
Your HOA can encourage homeowners to comply with these rules in several specific ways. For one, it helps to offer bags and trashcans throughout the community, making it easy for dog owners to handle the solid waste situation. At the same time, it may be necessary to levy fines or fees against animal owners who do not comply with these critical HOA pet rules.
3. Rules About Noise
HOA pet regulations may also encompass barking. While it would be unreasonable to expect your community to be barking-free, dogs shouldn’t bark constantly, nor in such a way that it disrupts life for others in the HOA.
Regarding specific pet restrictions, you can always ask homeowners to report any ongoing barking problems they observe to the Board. In some situations, the Board may need to talk with a homeowner about their specific animal, requesting that it be brought inside at night if it cannot be quiet in the backyard.
Remember that pet owners may sometimes be unaware that their dog’s barking is disruptive to the rest of the community. Sitting down and talking with them in a relaxed, non-combative way can be helpful. Often, a representative of the HOA can work with the homeowner to develop a strategy for minimizing noise.
4. Rules About Leashes
Something else your HOA can do is require that all pets be on leashes while walking through the neighborhood.
Leash requirements can protect everyone in the community. These HOA pet restrictions can be in the animal’s best interests, preventing it from running away or getting lost. But it can also help provide for the safety of others within the community. Your HOA might combine its leash requirements with creating a dog park so pets can run around and expend their energy without needing to be tethered to their owner. Dog parks are a great way to appease pet owners and make it easier for them to follow the stated rule.
5. Rules About Liability
Finally, it’s generally wise for your HOA pet rules to include some language about liability. You want to make clear that pet owners are legally liable for the actions of their furry friends. This way, should a pet-related accident or injury occur, the association itself is shielded from any legal vulnerability.
Additionally, rules and regulations that clearly outline liability will help minimize the risk of time-consuming or costly litigation.
Be sure that all home and condo owners know they are legally responsible for any pets they own and for the actions of any pets that stay as guests on their property. Indemnify the association itself, as well as other residents, against any pet-related damage, injuries, or extreme disturbances.
Service Animals
Service animals can play a crucial role in the day-to-day well-being of your community members. Make sure that whatever policies you enact leave plenty of flexibility for folks who need service animals, including those who need a comfort animal for emotional support.
Indeed, it’s crucial to note that pet ownership isn’t simply for fun; there may be residents or family members in your community who need dogs or other animals to offer emotional support, and that’s something that the Fair Housing Act protects. Your HOA or condominium association has a legal obligation to make accommodations for emotional support animals.
Contact Us
You may decide that it’s more prudent to regulate how animals behave outside or in common areas (leash rules, rules about poop, etc.). These considerations may help your association as it drafts pet rules that lead to a safer, more welcoming, and more peaceful community. Call us today for questions!