Pet Policy in HOA Rental Properties

Pet Policy in HOA Rental Properties

66% of American households own a pet, giving landlords happy to accept pet owners an edge over the competition. Consider your HOA’s stance on pet policies before using ‘pet-friendly rental’ as a buzzword to attract new tenants. Most homeowner’s associations have rules about furry companions and aids, and knowing them can help you communicate clearly with prospective tenants, and ensure that your apartment is an excellent fit for all parties.

How Should HOAs Manage Pet Policies?

There are solid arguments for both sides when associations decide if they’re pro-pets or not. On the one hand, some associations consider allowing pets in an HOA rental to increase tenant applicants, aid security, and improve overall neighborhood satisfaction. On the flip side, allowing animals in your community comes with unique drawbacks, such as concerns for cleanliness, the safety of other residents, and disease control. As a result, HOAs have to consider multiple factors when creating a binding pet policy, including:

1. Reasonable and Legal Restrictions

Avoid trouble with the law by turning away tenants with special needs. Disability laws protect renters who need an animal companion to remain independent or improve their mental health. HOAs should know who falls into these exceptions which we’ll discuss in the next section. In addition, overly stringent or arbitrary rules can annoy potential tenants looking to move into the neighborhood.

2. Neighborhood Conflict

Pets can trigger several disputes among neighbors, especially if pet policies are not reinforced for responsible pet ownership. Sometimes other residents can feel slighted when animals are free to roam about without a leash, trespass on their property, and make noise at odd hours. Thus, good HOAs should anticipate and address these concerns fairly when they allow furry friends in their community.

3. Health and Safety

Protect your tenants’ health by advocating for policies that encourage regular vaccinations. While animals bring a lot of joy, they can also infect humans or act as carriers for diseases like rabies or fleas.

Common HOA Restrictions on Pets

1. Pet Size and Number

HOAs may restrict pets over a certain weight, such as 20 or 30 pounds. They could also set a limit on the number of pets allowed per household, often two or three.

2. Types of Pets

Restrictions on specific types of pets, such as reptiles, livestock, or exotic animals. This rule can also extend to prohibit certain breeds, often those perceived as aggressive (e.g., Pit Bulls, Rottweilers, Doberman Pinschers).

3. Leash Rules

Some HOAs make it compulsory for tenants to ensure their pets are always leashed when they’re outside to prevent them from roaming freely. This policy also extends to containment laws that require owners to keep their pets in a fenced area or enclosure.

4. Noise Restrictions

Policies against excessive noise, such as barking dogs, often with specific quiet hours.

5. Waste Disposal

Rules require pet owners to clean up after their pets immediately and dispose of waste properly.

6. Vaccinations and License Requirements

Tenants often have to provide proof of vaccinations and licenses to show that their pets are healthy or have received professional behavior training. Some HOAs even require pet owners to have liability insurance that covers potential injuries or damages their animals may cause.

HOA Exceptions on Pet Policies

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Right to Have Service Animals

Prioritize your tenants’ safety by defending their rights to have service animals. Even if your HOA has a strict ‘no pets’ policy, this law requires you to make exceptions in special cases, including for tenants living with disabilities that require an assistance animal. These “pets,” receive specific training to help people perform tasks that disabilities make difficult.  Service dogs are the most popular example because they’re an excellent companion for people living with visual or hearing impairments. These animals offer mobility assistance to act as a guide when their owners need it.

Despite service animals receiving in-depth training, some HOAs are still uncomfortable with accommodating them and might decide to turn away tenants living with disabilities that require such pets. However, this policy is against the law and could land your association in hot water if the renter decides to sue.

Emotional Support Animals

Emotional support animals are different from service animals because they don’t undergo any special training. As a result, ESAs can extend to other dog breeds that typically aren’t receptive to service training, and other animals such as cats, birds, rabbits, and guinea pigs. These pets act in a more psychiatric capacity by providing affection and companionship to their owners dealing with a wide range of conditions from anxiety and depression, to helping people with phobias and PTSD.

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