HOA Pet Restrictions: Know Your Rights

The federal Fair Housing Act (42 U.S.C. § 3604) and its implementing regulations require HOAs to make reasonable accommodations for persons with disabilities, including allowing service animals and emotional support animals (ESAs) regardless of pet restrictions. An HOA cannot charge pet deposits or breed-restrict a service animal or ESA with proper documentation. Beyond federal law, pet restrictions must be in the recorded CC&Rs or properly adopted as rules. Retroactive pet restrictions (adopted after you already had your pet) may face enforceability challenges. In Texas, any rule restricting animals must be in the dedicatory instrument to be enforceable (Tex. Prop. Code § 202.004). Some states also limit breed-specific bans imposed by local government, though HOAs as private entities may have more latitude.

Dear Board of Directors,

I received a violation notice dated [date] regarding my [pet description]. I am requesting the specific CC&R provision or board-adopted rule that restricts [the cited pet-related conduct]. If this restriction was adopted as a board rule rather than recorded in the CC&Rs, please provide the date of adoption and evidence of proper notice to homeowners.

[If applicable: I also wish to note that under the Fair Housing Act, reasonable accommodations must be made for assistance animals, including emotional support animals, regardless of pet restrictions in the governing documents.]

Sincerely,
[Your Name]

• The HOA is restricting your service animal or emotional support animal
• The pet restriction was adopted after you already had your pet
• The HOA imposed breed or weight restrictions not in the recorded CC&Rs
• The rule is being enforced selectively — some pets allowed, yours targeted
• The HOA is charging a pet deposit for a service or emotional support animal