Question:
Our HOA by-laws state specifically that there are no pets allowed on premise and the buyer was told this by the seller AND the realtor but after they moved in we found out they they did indeed have a small dog.
When the HOA president at the time confronted the owner she said that it was a support dog and by law we couldn’t do anything about it.
So the President at the time told her OK and that was that but the dog barks all the time when she goes out and leaves it in the condo, when anyone is outside in the courtyard, or if anyone walks by their condo in the back. They are on the second floor and the owners around them are very upset but the new President says we can’t do anything about it since it was done before he took office. Everyone that owns in our little association (19 units) are beside themselves since that is the very reason that most of us bought here!
Is there ANYTHING that we can do to solve this?
Thank you for your time.
– Martha
Answer:
Hi Martha,
Federal and Florida laws require HOAs to grant reasonable accommodations for emotional support animals (ESAs), even if the governing documents prohibit pets. Under the Fair Housing Act (FHA) and Florida’s Fair Housing laws, an HOA cannot deny a resident’s request for an ESA if they provide proper documentation from a licensed healthcare provider. However, an ESA must not cause a nuisance or disrupt the community’s quiet enjoyment.
If the dog’s barking is excessive and disturbing neighbors, the HOA may be able to enforce general nuisance rules. Many governing documents include provisions against excessive noise, which apply to all residents, regardless of pet restrictions. The board can notify the owner in writing about the complaints and request that they take steps to control the barking. If the issue persists, the HOA may impose fines or other enforcement measures in accordance with its governing documents and state laws.
Since the previous board allowed the ESA, the new board cannot retroactively deny it. However, addressing the nuisance issue through enforcement of noise rules is still an option.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
