Pets are part of daily life in most Florida communities, and they are also a steady source of complaints. A written pet policy gives owners clear expectations and gives the board something fair to enforce.
This article is general information and is not legal advice. The association's attorney should be consulted.
Where Pet Restrictions Come From
Pet restrictions are found in the governing documents. Limits on the number or kind of animals are usually written into the recorded declaration, while day to day rules on leashes and waste are often adopted by the board as rules and regulations.
A restriction that changes what the declaration says must be adopted by amendment, using the vote and procedure set out in the declaration itself. A board rule may fill in details, but it should not conflict with the declaration. When rules about the use of parcels or units are to be considered at a board meeting, written notice must be given to owners at least 14 days in advance.
Common Pet Rules
The rules that are adopted most often fall into five groups.
- Registration. Owners may be asked to register each pet with the association, and proof of the vaccinations and license required by the county may be requested. A current list makes other rules easier to enforce.
- Waste. Owners are required to pick up after their animals on common areas and on other owners' lots.
- Noise. Constant barking is usually handled under the nuisance clause of the declaration. A friendly conversation is often enough.
- Leashes. Pets are commonly required to be leashed or carried when outside the home. Local leash ordinances may also apply.
- Responsibility. The policy should state that the owner is responsible for damage or injury caused by a pet, including the pet of a tenant or guest.
Limits on the number, size, or breed of pets are a matter for each community's documents. They are not set by Florida's association statutes.
Assistance Animals Are Not Pets
Service animals and emotional support animals are not treated as pets under fair housing law, and a pet restriction cannot simply be applied to them. Under section 760.27, Florida Statutes, a person with a disability or a disability-related need for an emotional support animal must be allowed to keep the animal as a reasonable accommodation, to the extent required by federal law, and extra compensation may not be required for the animal.
When a request is received, the following points from the statute should be kept in mind:
- If the disability or the need for the animal is not readily apparent, reliable supporting information may be requested.
- Information that discloses the diagnosis or severity of the disability, and medical records, may not be requested.
- A specific form or a notarized statement may not be required, although a routine method for handling requests may be offered.
- A registration, certificate, or identification card obtained online is not sufficient by itself to establish the need.
- Proof of compliance with state and local licensing and vaccination requirements may be required.
- A request may be denied if the animal poses a direct threat to the safety or health of others, or of physical damage to others' property, that cannot be reduced or eliminated by another reasonable accommodation.
The person who keeps an emotional support animal is liable for damage done by it to the premises or to another person. Service animals are addressed separately in Florida law and are not covered by section 760.27. Each request should be handled in writing and promptly, and the attorney should be involved before any request is denied.
Enforcing the Rules Fairly
Enforcement should begin with a courtesy notice that names the rule and the action expected. If the problem continues, a fine or a suspension of common area use rights may be proposed by the board. Under sections 720.305 and 718.303, at least 14 days' written notice and an opportunity for a hearing before a committee must be given before a fine or suspension is imposed.
Complaints should be documented with dates, times, and photographs, and the rules should be applied the same way to every owner.
Making the Community Pet Friendly
Waste stations, a fenced dog area where space allows, and clear signs at amenities reduce complaints before they start. Ideas for shared spaces can be found in our post on
HOA practices for common areas, and the board's part in setting policy is covered in
the role of the board of directors.
Help With Your Pet Policy
For communities managed by Condominium Associates, pet registrations, complaints, and violation notices are handled by the community's manager under the board's direction. To talk about pet policy enforcement in your association,
contact us.
