Introduction to Florida HOA Pet Laws
Homeowner Associations (HOAs) are a pivotal aspect of residential living in the Sunshine State. In Florida, over 50% of all homes fall under the jurisdiction of an HOA, common interest community association, or a condominium association. In these communities, such as gated neighborhoods, private streets, and high-rise condos, the HOA has a notable role in regulating various aspects of property ownership and communal living, including the welfare and management of pets.
A primary responsibility of these associations is to maintain the aesthetic and harmonious character of the community they represent. This is accomplished through a set of rules and regulations that members—homeowners—must adhere to. These pet rules and regulations can be quite rigorous and are usually implemented to ensure a safe and pleasant environment for all residents. While some association members advocate for strict rules, others may oppose them, leading to potential conflicts if not clearly understood and agreed upon .
HOA pet rules can range dramatically from one community to another. For instance, some HOAs may prohibit certain dog breeds from being kept at residents’ homes, while others might implement weight or age restrictions. Additionally, there may be limitations on the number of pets a homeowner can own. Rules regarding pet-led waste also vary—some communities require that pet owners pick up after their animals while others may designate certain areas for waste to be disposed of. Through all of these restrictions, the common goal remains a harmonious, safe, and enjoyable living environment for all members.
Florida law embraces the approach taken by HOAs toward establishing and enforcing pet restrictions while acknowledging subsection 720.32 applies to "any covenant, restriction, or provision in the governing documents," and shall be liberally construed when applied to "pet restrictions."
Common Florida HOA Pet Restrictions
When it comes to types of pets, it is common for Florida HOA communities to completely ban certain types of animals that might be considered dangerous or messy. For example, if the community has a golf course, playground, or swimming pool, the pet rules may prohibit many farm animals and fowl, such as:
Other commonly prohibited pets include reptiles, such as snakes, iguanas, and lizards, which sometimes fall outside statutory protections. A few Florida HOAs will go as far as to prevent domestic pets such as ferrets or pot belly pigs, which are often more difficult to care for, but not always illegal elsewhere.
If a Florida HOA allows cats, dogs, or other types of domestic pets, they may impose limits on those animals in the form of size, weight, or breed. For example, some HOAs restrict certain breeds, like Akitas, Rottweilers, or Chows, at the behest of insurance companies and based on the idea that they are more prone to violence or aggression. Similar rules may restrict pets based on weight — for instance, up to 25 pounds — or size, requiring pets under a certain height at the shoulder.
Florida HOAs may impose other types of restrictions that aren’t specific to type of pet, but still quite commonly enforced. One such common rule involves prohibiting pet owners from allowing their pet to urinate or defecate on HOA property. Another rule may require pet owners to remove feces immediately. Many HOAs obtain this right through their declaration of covenants, conditions, and restrictions (CC&Rs).
In Florida, all animals that qualify as domestic need a license issued by the county tax collector. These licenses are obtainable for a nominal fee, but it helps to know if your HOA requires this license to avoid being cited for a breach of HOA pet rules regarding licenses.
Regulatory Framework for Florida HOA Pet Laws
To understand the rapid development of HOA pet laws in Florida, it is important to first note that Florida law grants the power to govern HOAs to the Divisions of Private Recreation and Education in the Department of Business and Professional Regulation. The provisions governing the rights and responsibilities of homeowners and homeowners associations with respect to pets in HOAs can be found in Section 720 of the Florida Statutes. A variety of provisions in Section 720 address pet restrictions in HOAs. For example, Florida Statutes 720.303(4)(c) permits homeowners associations to require owners to obtain licensing and vaccinations for their pets. Florida Statutes 720.306(1)(c) also gives homeowners the right to videotape board meetings of homeowners associations that address conflicts relating to the control or maintenance of pets. Exclusivity has been given to county laws governing pet restrictions over municipal laws when it comes to pet restrictions on residential lots outside of HOAs. See Florida Statutes 828.27(3). Finally, Florida Statutes 720.304 makes provisions made in the recorded Declaration of Covenants, Conditions and Restrictions for an HOA materially enforceable against all homeowners and against any actions which adversely affect the safety, happiness or convenience of the residential community.
Homeowner Rights and Pet Policy Issues
Homeowners often face challenges when trying to register their dogs with their HOA due to strict community pet policies. This can be a significant source of frustration, especially when the documents governing their community have strict dog sizing limitations. Understanding the rights of homeowners in these situations is crucial.
Florida legislature has established that deed restrictions, as provided for in section 723.078, may only limit the type of pet owned and not prohibit pet ownership entirely. Most commonly, an association can only limit pets to be no larger than twenty (20) pounds. Based upon the wording of the deed restriction in question, its language may be considered to be overbroad. Specifically, the deed restriction states that no pets shall be permitted in the development period. As such, a pet owner is unable to acquire a pet and must await the expiration of said period.
While it is important to follow the formal process request an accommodation, a pet owner should not have to wait a few years before acquiring a pet just because of the provisions stated in the declaration. Even though the common declaration provision is in place, this does not mean that everyone is not entitled to reasonable accommodation.
The Americans with Disabilities Act ("ADA") specifically states that any entity that has been established after 1991 must make reasonable accommodations for all services, programs or activities. However, if the provision in the declaration was approved prior to 1988, there is a caveat. The equality provisions did not apply to areas public or private where buildings were constructed prior to January 26, 1992. The nature of the property interest a person has acquired is essential in determining whether he or she may continue to utilize that privilege free from any further restrictions.
The issue of "reasonable accommodation" is a very technical, but important, issue to understand and navigate. Case law has explained that a request for accommodation enables the disabled person to find a solution to an identified barrier to utilization of housing on an equal basis with nondisabled persons. Reasonable accommodation requests ask that the association waive, change, or modify its rules, policies or practices so that the reasonable modification or accommodation can occur.
The standard for the request includes a three-part analysis as follows:
If a home-owner feels that they have a valid accommodation request, one of the best ways to resolve the dispute is by sending a letter to their Board of Directors and/or Community Association Manager providing details of the request. In many situations, the boards and managers are willing to discuss these types of issues at their meetings. The facts of the request must be considered carefully, and appropriate questions asked, before discussing the issue with the rest of the board.
If the board is willing to make this accommodation, a letter will be sent confirming that the accommodation will be made. If the board is unwilling to accommodated the request, which in our experience is very rare, the homeowner will have to file a lawsuit or formal complaint with either the Florida Commission on Human Relations (FCHR) or the Department of Housing and Urban Development (HUD).
Pet Policy Exemptions and Special Circumstances
There are certain circumstances in which individuals might be exempt from standardized pet regulations in Florida communities. As mentioned in a previous section, under the Fair Housing Amendment Act ("FHAA") of 1988, the following types of animals are excluded from the definition of "pet." Animals that serve as "assistance animals" fall in this category:
Service Animals
"Service animals" are trained to assist individuals with disabilities or chronic diseases. Unlike other animals, service animals do not necessarily require reasonable accommodations pursuant to Florida law. Federal laws are stricter and protect service animals further by stating that they do not require accommodation. There are also no limitations under either federal or state law for the number of service animals an individual might have.
Emotional Support Animals
Emotional support animals are not considered "service animals." Therefore , reasonable accommodations apply to emotional support animals. Emotional support animals are also referred to as therapy, comfort, assistance, support, or companion animals. In the past, those with emotional support animals were required to show proof of disability. As mentioned on April 25, 2023, new legislation requires that individuals request reasonable accommodation from the association, which may include obtaining additional verification from the appropriate individual such as a health or mental health professional. Even if an emotional support animal shows positive results during a "sniff test," additional verification may be required.
How to Resolve a Pet Related Dispute with Your HOA
Our beginning section is designed to walk through the basics of Florida law, governing authority, and pertinent documents that touch upon pet-related legal issues between owners and associations. Inevitably many of these discussions stretch into fuzzy territory, or remain unsettled due to a lack of case law on a particular subject. In these areas, it is not uncommon for associations to take the position that the law does not provide a remedy against their organization. Floridians are no stranger to unreasonably long, expensive, and drawn-out litigation. We also consider ourselves to be some of the most civil and reasonable people in the world – occasionally to the detriment of our pocketbooks. For these reasons, it is important to have a strategy in resolving any disputes you may have against an association. Although lawsuits are often necessary, mediation is a hallmark of the state court system. Many individuals have a preconceived notion that opposing one another at mediation is tantamount to hurling bricks at each other through steel girders in a gladiatorial arena. This is a misunderstanding. Mediations in Florida courts are completely non-binding. The mediator is an impartial third party that attempts to work with you and the association to create a mutually agreeable solution. If an agreement cannot be reached, the mediation will not preclude filing a lawsuit at a later date. Should an agreement be reached, it can be formalized prior to filing a lawsuit. Negotiation is often put in stark contrast to litigation as a spiritual law of nature. On occasion, it is equally as effective, and much less costly. For example, even if an association believes they have considerable authority over a breed ban, a homeowner may be able to negotiate around any legal deficiencies in the association’s pet policies simply by presenting the argument and citing relevant law. This doesn’t always have to involve attorneys. Many times, the majority of associations are amenable to revisiting restrictions before litigation breaks out. In almost every situation where a dispute has breached the surface of a standard rule violation, the association has already determined a prevailing party. Depending on the circumstances and severity of the dispute, it may be appropriate to ask the association to revoke any previously served fines, or waive certain requirements contained in its governing documents. If revocation is not an option, a homeowner may ask for leniency or an exception. This is an especially effective tool when carefully applying to extenuating circumstances. With relationships amongst we voters being so delicate, stepping outside of the box is key to getting results.
Conclusion: HOA Pet Laws Explained
A comprehensive understanding of Florida HOA pet laws is essential for residents to ensure that their beloved pets and their community remain in harmony. In order to coexist peacefully with their furry friends, pet owners must take the time to understand and follow all rules and regulations associated with their HOA. The following key takeaways can help residents in Florida navigate their community’s pet-related guidelines and associations effectively:
• It is imperative to review the specific documents of your HOA for pet ordinances and restrictions. Each community is different and rules vary widely.
• If a specific pet is not permitted or if you wish to own more pets than your HOA’s governing documents allow, consider canvassing your neighbors to gauge support for changing the regulations, adopting a mixed-breed pet, or adding another animal to your family .
• Make sure your pets are registered with your HOA, if required by the association. Display all tags and identification as required by local ordinances and your HOA.
• Proactively follow noise and cleanliness guidelines to prevent your pet from becoming a nuisance to your HOA.
• Register any service animals with your HOA, where required.
• Keep your pet contained within your home or yard during the day to mitigate any issues with HOA regulations.
• Designate a "safe pet zone" on a leash for your dog to use if you receive a request to keep your pet in a specific area.
• Use the most humane disposal methods for your pet’s waste in order to adhere to your HOA’s regulations.
While it may seem challenging to be a conscientious pet owner within an HOA, following these simple rules will make it much easier to ensure that you stay in compliance.