Is Having Pet Restrictions In HOAs Allowed?

beware of the dog sign | pet restriction in HOA

Pets are an important part of many people’s lives. Dogs and cats often go beyond being pets to becoming part of the family. Homeowners should know that not all HOAs are pet-friendly. What is the rule on pet restriction in HOA communities? Can an HOA ban pets? 

Pet Restriction in HOA: is it Allowed?

Homeowners around the country might have heard that HOAs can generally restrict homeowners from owning a pet. However, these rules are subject to state laws. In California, HOA governing documents cannot ban pets entirely. HOAs must allow homeowners at least one pet within the community, subject to association rules.

In other words, homeowners associations cannot prevent residents from having at least one pet. The term “pet” in California law refers to any domesticated cat, dog, bird, or aquatic animal held in an aquarium. Pets also include other animals that have been agreed upon by the homeowner and HOA.

Can my HOA Make Me Get Rid of My Dog?

If the HOA’s regulations comply with state law and the governing documents allow it, the board may have the authority to ask homeowners to remove their pets. It usually happens when a homeowner moves into an HOA without knowing its pet restrictions beforehand. 

In addition, biting incidents may compel the board to remove a dangerous pet. The CC&Rs may address biting incidents and outline specific provisions covering their consequences. It also happens when homeowners refuse to comply with the rules, and the board files a civil lawsuit in court to ask for injunctive relief. 

Sometimes, homeowners refuse to comply with the court order to remove their pets. As a result, the judge may ask a sheriff to remove the pet by force. The homeowner will then be held in contempt, leading to monetary penalties or even jail time.

What HOA Pet Policies are Allowed?

While homeowners associations in California cannot ban pets completely, they can enforce reasonable restrictions.

1. Number of Pets

woman with many dogs | pet restriction in HOA

Can HOA enforce a pet limit? Yes, homeowners associations may limit the number of pets an owner can keep. Doing so allows the community to limit noise and ensures the health and safety of the people around the area.

However, HOAs should be wary about retroactively implementing the HOA pet limit. According to California law, new rules on pet limits shall not apply to prevent a homeowner from continuing to keep a pet that previously conformed to the governing documents.

For example, let’s say a homeowner has three pets at home. After a board meeting, the HOA implements a new rule limiting the number of pets to two animals. The HOA may not be allowed to force the homeowner to remove one of the pets for compliance because they were previously allowed to keep more than two.

2. HOA Pet Weight Limit and Size

The HOA may impose reasonable limits on a pet’s size and weight. Larger pets may incite fear in the neighborhood and cause disarray. Plus, they’re more likely to cause property damage. Consider enforcing a maximum weight limit of 30 pounds or so. 

3. Breed Restrictions

Homeowners associations can enforce breed restrictions to create order. Some dog and cat breeds are noisier and rowdier than others, so keeping them away makes sense. Meanwhile, some dog breeds, like rottweilers and pit bulls, are dangerous to humans.

4. Waste Disposal

Non-owners often complain about waste left all around the common areas. It’s understandable because animal waste contamination has dangerous consequences on people’s health. They can be hazardous to humans and lead to disease. 

For this reason, many homeowners associations impose rules requiring residents to clean up after their pets. This means they have to clean up cat and dog waste when pets pee or poop in the common areas. Keep in mind that common areas not only include clubhouses and gyms but also parks, roads, and sidewalks.

5. Leash Restrictions

HOAs may require the residents to keep pets on a leash when going out. Unleashed pets can be dangerous to both the neighbors and the pets themselves. The pets can run into oncoming traffic or run away outside the neighborhood.

Some homeowners might claim that their pets are not at all aggressive. However, even the most tamed pets can be unruly or dangerous when triggered. Plus, it’s essential to enforce the policy fairly to all homeowners. Allowing select pets to go out unleashed could create disputes within the HOA. 

If the homeowners insist, the HOA may designate a dog park where pets can roam freely. It’s a good compromise and an attractive amenity for pet-friendly communities aiming to appeal to potential buyers. 

6. Noise Rules

barking dog | pet restriction in HOA

Loud noises are one of the main reasons why communities impose pet restrictions in HOA neighborhoods. To mitigate noise complaints, HOAs can ask residents to submit reports about excessive barking. HOAs can also create rules requiring homeowners to take their pets inside the home at night to insulate the sound. 

7. Pet Registration

Homeowners associations may require the residents to register their pets as part of community rules. Doing this allows them to keep track of how many pets there are in the neighborhood. It also gives the HOA more information about the pets, including their size, age, breed, habits, and vaccination history. Plus, pet registrations make rule enforcement much easier.

HOAs may ask new homeowners to register their pets straight away. Meanwhile, residents currently residing in the community may submit registration forms before buying or adopting a new pet.

8. Liability Policy

One way to protect the HOA from liability is to create a pet liability policy. The goal is to clearly outline who is liable for the injuries, damages, or disturbances the pets may cause. It will protect the HOA from lawsuits and costly legal fees. 

When are HOA Pet Restrictions Not Allowed?

As reasonable as some pet restrictions are, there are exceptions to imposing pet restrictions.

Service Animals

The Fair Housing Act protects people with disabilities and requires HOAs to provide reasonable accommodations for service animals. According to the U.S. Department of Housing and Urban Development (HUD), service animals are not considered pets. They are assistance animals that perform tasks, do work, assist, and offer therapeutic emotional support to persons with disabilities.

This means that even if an animal exceeds the weight and size limit of the HOA, the board cannot prevent the homeowner from having it. The board must also allow service animals in all parts of the neighborhood — including common areas where they are normally restricted. 

In addition, the HOA cannot refuse certain breeds because of HOA rules. The association board must make an exception to accommodate the service animal. However, the board can ask for official documentation. The document should verify that the animal is a service animal, not just a pet. 

Moreover, HOAs may still hold the homeowner accountable for the animal’s bad behavior. They must take responsibility for and control their service animal’s behavior. Homeowners must also follow other applicable rules like leash restrictions and waste disposal. 

When can an HOA refuse a service animal? The only exception is when the animal threatens the other residents’ health and safety — with no alternative accommodation to remedy the problem. Nonetheless, it’s crucial to consult a legal professional and decide things on a case-by-case basis. 

Grandfather Clause

Homeowners associations may enforce new pet policies for succeeding pets and homeowners. However, the new policies may not apply to existing pets. This means that even if the HOA imposes a 30-pound weight limit, it cannot remove existing pets of a higher weight class.

Of course, there are exceptions to grandfather clauses. Exceptions may no longer apply if the homeowner’s animal passes away or is given to someone else. They may also be void if the property changes ownership. It’s also essential to determine which animals are eligible for grandfather clauses and which are not.

How to Enforce Pet Restriction in HOA

Homeowners associations must enforce HOA pet restrictions consistently. The board cannot play favorites and enforce the rules selectively on some animals but not others. If a homeowner violates one of the rules, the HOA can do the following to ensure compliance: 

1. Send a Notice

worried woman | pet restriction in HOA

The board must send a notice of violation to the homeowner. Doing this gives the homeowner time to cure the violation. Most homeowners break the rules unintentionally, so a simple notification is enough to deter future violations. Notices also work for first-time offenses. 

2. Monetary Penalties

Homeowners associations may levy fines on violating homeowners who do not cure the violation on time. The fine must be proportionate to the violation in question. Moreover, some fines can be levied for each day the violation is not cured. Consult the governing documents and work with an HOA manager to create a reasonable fine schedule.

3. Suspension of Rights & Privileges

HOAs may suspend a homeowner’s rights and privileges if they refuse to comply. The board can remove their right to use amenities such as pools, gyms, and clubhouses until they cure the violation.

4. Legal Action

As a last resort, HOAs may take legal action against violating homeowners. Remember that this is a drastic enforcement measure that should not be taken lightly. Lawsuits are often long, cumbersome, and costly, so HOA boards should tread carefully. Save them for major violations that threaten people’s health and a

Know Your Pet Restrictions

HOAs impose pet restrictions to foster a safe and peaceful living environment. In turn, the HOA’s residents can enjoy better curb appeal and higher property values. Home buyers who are considering living in an HOA should understand the pet restriction in HOA communities before moving in.

Personalized Property Management offers extensive HOA management services to associations across Southern California. Call 760-325-9500 or contact us to learn more!

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