Question:
Our HOA Deed Restrictions do not allow farm animals such as chickens. When a resident was discovered to have them, he was ordered to remove them. He filed for permission and claimed he required the chickens for emotional support animals. The accommodation letter appears to have been prepared by a colleague of the applicant that is a licensed social worker (in fact, both are). It was promptly denied again based on the HOA rules. The applicant then filed a complaint with the Civil Rights Division of the State government alleging that the rights had been violated to have therapy support chickens on the applicant’s premises in the backyard. Is this legal? Four questions: 1.) Can a homeowner get around the HOA rules (that everyone agreed to when moving into the area) by using this mechanism of the government via asserting a claim for an accommodation of a disability? 2.) Can the government simply disregard the HOA rules and basically hammer a HOA into accepting chickens in an area that has rules strictly prohibiting them? 3.) Doesn’t this set a precedent for everyone else that would like this accommodation (i.e., turn an organized HOA area into an animal farm)? 4.) Do the other 99.9% of the residents that are against this happening have any recourse?
– Debra
Answer:
Hi Debra,
Homeowners associations are required to accommodate persons with disabilities, which can include allowing emotional support animals despite having a no-pets policy. That said, even emotional support animals have to follow the rules. For example, the HOA may not allow animals to run free in common areas without a leash. The HOA may also require owners to pick up after their ESAs. Additionally, an HOA may request documentation proving that the animal is indeed a legitimate ESA.
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