For many pet owners, Homeowners Associations (HOAs) can feel like both a blessing and a burden.
While these organizations help maintain community standards and property regulations, they also impose rules that can significantly impact pet owners. Residents must follow certain rules that may restrict specific breeds or pet sizes, impose pet fees, or even prohibit pet ownership entirely.
But what happens if a resident has a service dog? Are service dogs subject to the same policies as pets, and what types of questions can HOAs ask residents with service animals?
In today’s article,
we’ll focus on Homeowners Associations in Florida and how their
policies interact with federal laws. We will help clarify the rights
of individuals with service dogs and provide guidance for both
residents with service dogs and HOA board members. 
What Are Service Dogs?
Service animals are dogs that are individually trained to perform specific tasks related to a physical or mental disability. They help enhance their handler’s quality of life by promoting independence and overall well-being.
In contrast, companion animals provide comfort and companionship only and don’t undergo specialized training to perform specific tasks. Additionally, they can be all types of domestic species, not only dogs.
Are Service Dogs Considered Pets?
No, they are not considered pets but medical equipment. They undergo specialized training to carry out specific tasks and become a vital part of their owners’ lives.
Clarifying the difference between service dogs and pets is essential for understanding the legal framework for service animals in the US, particularly in Florida.
Legal Protections for Service Animals in Florida
Service animals in Florida are protected under the following laws:
The Americans with Disabilities Act (ADA)
This federal law protects individuals with disabilities, including those who benefit from service animals. It helps ensure that service animals are entitled to public access and that service dog teams enjoy the same treatment as others.
For more detailed information about the ADA and its protection for service dog teams, visit their website, the FAQ section.
Fair Housing Act (FHA)
This federal law requires HOAs to provide reasonable accommodations for individuals with disabilities, including allowing service animals in housing communities with pet restrictions.
Under these laws, an HOA cannot deny a service animal based on breed, weight, or size restrictions.
We’ll list below an excerpt of the FHA, Section 504:
“A request to have an assistance animal, which can include a service animal under the ADA definition, must be evaluated under the reasonable accommodation standard. Two questions are allowed; 1) Does the person have a disability—i.e., a physical or mental impairment that substantially limits one or more major life activities, and 2) Does the person making the request have a disability–related need for an assistance animal?[5] If the disability is readily apparent or known, the housing provider cannot ask for further information. If the disability and the reason for an assistance animal is not apparent, then the provider can ask for documentation of a disability and the need for an assistance animal. The example given by HUD is that a person who asks to allow an emotional support animal can provide a letter from a psychologist or mental health provider explaining the role of the animal in providing some disability related assistance. Requests for extensive medical records are not allowed”.
Chapter 413 Section 08 - 2024 Florida Statutes
We’ll quote below an excerpt of the text for your reference:
“An individual with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this section, and such individual may not be required to pay extra compensation for such animal. However, such individual is liable for any damage done to the premises or to another individual on the premises by the animal. A housing accommodation may request proof of compliance with vaccination requirements. This paragraph does not apply to an emotional support animal as defined in s. 760.27.”
What Can HOAs Ask About a Service Animal?
Considering the information about service dog laws in the US we provided above, you may already be aware that HOAs must follow strict guidelines when verifying the legitimacy of a service animal.
HOAs are permitted to ask two questions to verify a dog’s legitimacy as a service animal:
1. Is the dog needed due to a disability?
2. What tasks has the dog been trained to perform to assist with that disability?
If the disability and the need for the service animal are apparent (e.g., a guide dog for someone who is blind), the HOA can not ask for documentation or proof of training.
However, if the disability or the tasks that the dog has been trained to perform are not obvious (e.g., for a Psychiatric Service Dog), they may request medical documentation.
It is issued by a licensed healthcare provider and verifies an individual's need for a service dog.
What HOAs Can Not Do?
HOAs in Florida are not allowed to:
- Ask for personal information, such as information related to the individual’s exact diagnosis.
- Charge pet deposits or additional fees for service animals.
- Enforce pet restrictions, such as breed or weight limits, on service animals.
- Require the animal to wear identifying gear, such as vests or tags.
- Deny access to community common areas where other residents are allowed.
Difference Between Service Animals and Emotional Support Animals (ESAs)
It’s important to distinguish between service animals and emotional support animals. As explained at the beginning of the article, service animals, who can be dogs only (and miniature horses in some U.S. states) undergo specialized training and perform specific tasks directly related to a disability.
Companion animals, like ESAs, provide comfort and companionship only with their presence.
While the ADA specifically protects service animals, it does not cover companion animals. However, these are still protected under the Fair Housing Act.
However, HOAs are allowed to request a letter issued by a licensed health professional to confirm the need for an ESA.
“The example given by HUD is that a person who asks to allow an emotional support animal can provide a letter from a psychologist or mental health provider explaining the role of the animal in providing some disability related assistance. Requests for extensive medical records are not allowed”.
How to Handle HOA Disputes Regarding Service Animals?
Individuals with service dogs who believe their rights for housing have been violated have the right to report housing discrimination.
The U.S. Department of Housing and Urban Development (HUD) encourages individuals to submit their complaints as soon as possible because there are time limits on when an allegation can be filed with HUD after an alleged violation.
The following information will be required:
- Your name and address;
- The name and address of the person(s) or organization your allegation is against;
- The address or other identification of the housing or program involved;
- A short description of the event(s) that caused you to believe your rights were violated.
You can also contact the Office of Fair Housing and Equal Opportunity (FHEO) directly. This is the office of HUD that enforces and promotes fair housing policies and laws.
"Region IV
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee
Atlanta Regional Office of FHEO
U.S. Department of Housing and Urban Development
77 Forsyth St SW
Atlanta, GA 30303
(800) 440-8091”.
Remember how important it is to respectfully explain your situation when communicating with your HOA, while also relying on the law and advocating for yourself and your service dog.
