When people in Dallas say their pets are family members, they aren't alone. The majority of American pet lovers agree. Pew Research estimates that's 97% of pet owners, to be precise.
Fair enough, but pets are a lot more complex when it comes to HOA communities. Especially when tenants have support animals in a property with a local HOA. How does the dynamic work, and what can the HOA do about support animals?
Today we'll look at:
- What support animals are
- What protections they have
- What HOA communities can do
If you're unsure about support animal regulations, or just need HOA compliance tips, keep reading. We'll give you all the most important things to know in Dallas, Texas.
What Are Support Animals?
People tend to get confused between service animals and support animals. Service animals are trained dogs that help a disabled person. The ADA gives them strict protections and exemptions, and owners do not have to prove that said animals are licensed.
However, emotional support animals (ESAs) do not get those same protections in Texas. Nor do they have the same type of training. In many situations, it's perfectly legal to ask for ESA documentation.
That said, a person cannot claim just any animal as an emotional support animal. They must receive written authorization from a licensed therapist or healthcare professional. Yet even with the massive differences between the two, ESAs still have rights you should know about.
HOA Pet Policies and ESAs
HOAs tend to be high-quality organizations that improve a neighborhood through strict rules. As such, one would expect them to put their foot down on pets. Many HOA communities:
- Charge fees for pets
- Require documentation
- Regulate pet behavior
- Restrict their access to public areas
Of course, an ESA is not a pet, it is a licensed therapy tool. So how does this play out with the HOA? Support animal rights do exempt ESAs in a few notable ways.
HOA Limitations with ESAs
First and foremost, HOA must defer to the Fair Housing Act. The FHA protects people with medical conditions from discrimination, including owners of ESAs. Therefore, the HOA cannot deny someone with an ESA on the grounds of a no-pet policy.
Remember, however, that an ESA does not have the full protection of the ADA. The HOA can still verify that the animal is an ESA by requesting documentation. What they can't do is ask the tenant for medical records verifying their health condition.
Further, the HOA cannot charge their typical pet fees since an ESA is not a pet. Despite this, the ESA owner must still obey HOA rules in Dallas for pets, like leash and cleanup rules in public spaces.
Manage Your Association With PMI
Support animals differ from service animals, but they still have protections in HOA communities. An HOA cannot forbid them by citing a no-pet policy, and not all of their rules will apply. However, they can verify ESAs and require that their owners respect public places.
PMI Alliance in Dallas, Texas makes managing your association easier. Just take a look at our testimonials and find five-star reviews praising our Dallas community management. See how we can help your HOA with a consultation.
