Can An HOA Ban Pets? What Your State Laws Say

Can your HOA ban pets in the community? Many of us love pets, but there are times when some animals can be a nuisance or dangerous to other people. HOAs typically can choose whether to restrict or ban pets in their community.

HOA Pet Laws by State

Here are ways HOA pet policies are defined and enforced per state:

Alabama

No specific Alabama HOA pet laws govern your association’s pet ownership policies. Therefore, your HOA can decide whether to restrict or ban pets in your community. It can also define breed and size restrictions and the number of pets a household may have.

Alaska

No specific Alaska HOA pet laws would dictate pet and dog policies for your community. It is best to check your HOA’s bylaws and CC&Rs for specific pet regulations. Your governing documents may indicate breed, size, and number restrictions for pets in every household.

Arizona

There are no specific Arizona HOA pet laws in place, so your association’s governing documents should include pet policies. If allowed by your HOA, your governing documents should say the breed, size, and number of pets a homeowner can have in his or her home.

Arkansas

No specific Arkansas HOA pet laws indicate whether or not your association can ban or restrict pets. Policies about pet ownership will depend on your HOA’s bylaws and governing documents.

California

Can an HOA restrict pets in California? While restrictions are allowed in homeowners associations in the state, California is the only one that prohibits an HOA from banning a pet outright.

According to California Civil Code Section 4715, “No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association.”

On top of this, the HOA is also not allowed to enforce total pet bans for their community retroactively.

Colorado

There are no Colorado HOA pet laws that prevent your association from restricting or banning pets. The authority to regulate or ban pets typically rests with the HOA’s governing documents, which can include restrictions on the number, type, or size of pets.

Connecticut

Can HOA ban pets in Connecticut? The state has no specific laws that dictate whether your HOA can restrict or prohibit pets. Pet policies are indicated in your association’s governing documents, including breed, size, and number limitations.

Delaware

No specific Delaware HOA pet laws are in place in the state, so your association’s governing documents should include pet policies. If allowed by your HOA, your governing documents should say the breed, size, and number of pets a homeowner can have in his or her home.

Florida

Can the HOA make me get rid of my dog in Florida? Here, the homeowners association may regulate the pets that you can own. HOAs should outline their policies on pet ownership clearly in their governing documents.

Georgia

Can an HOA ban pets in Georgia? Georgia does not have specific statewide laws that govern pets in HOA communities. However, local ordinances and the governing documents of the HOA typically outline pet restrictions, including breed limits, leash rules, noise control, and waste disposal.

Hawaii

There are no Hawaii HOA pet laws that explicitly govern pet policies in HOA communities. Instead, the individual homeowners’ associations establish the rules regarding pets. HOAs in Hawaii can impose pet restrictions, such as limits on the number, size, or type of pets.

Idaho

Can an Idaho HOA restrict pets? The state laws that apply to HOAs do not include stipulations about pet ownership. Policies regarding pet ownership, including what breed, size, and number an owner can have, along with registration procedures, will depend on your association’s bylaws.

Illinois

There are no Illinois HOA pet laws that regulate how a HOA can enforce pet policies in its community. Instead, the association’s governing documents should have all the stipulations and information about pet ownership in a planned community.

Indiana

Can an Indiana HOA ban pets? No particular legislation says this, and each HOA has the power to outline its pet restriction policies. Information about pet ownership rules, including the registration process and what breed, size, and number of pets a homeowner may have, should be in your HOA’s bylaws and CC&Rs.

Iowa

There are no Iowa HOA pet laws that outline whether or not an HOA can ban or restrict pets. Your association’s bylaws and governing documents should indicate pet ownership limitations, including the registration process and the breed, size, and number of pets homeowners can have.

Kansas

No specific Kansas HOA pet laws dictate your association’s state pet ownership policies. Therefore, your HOA can restrict or ban pets in your community. It can also define breed and size restrictions and the number of pets a household may have.

Kentucky

There are no explicit Kentucky HOA pet laws, giving HOAs the power to decide whether to restrict or ban pets in the community. HOAs in the state outline pet ownership restrictions in their bylaws and governing documents.

Louisiana

Can a Louisiana HOA ban pets in the community? State legislation specifically for pet policies in a planned community does not exist. However, HOA-related laws give the HOA the ability and responsibility to outline community rules, including pet ownership.

Maine

Can a Maine HOA restrict pets? Similar to most states, Maine doesn’t have specific HOA pet laws. Here, the HOA should have pet ownership regulations, as indicated in its governing documents and bylaws.

Maryland

There are no specific Maryland HOA pet laws that apply to communities. The HOA can enforce pet bans or restrictions, and pet ownership rules in the planned community should be indicated in your association’s governing documents.

Massachusetts

Since no Massachusetts HOA pet laws are in place, your association has the authority to regulate pets. Your HOA’s bylaws and governing documents should indicate limitations and regulations surrounding this, including what pets are allowed and how to register them.

Michigan

Can an HOA restrict pets in Michigan? State laws allow HOAs to impose reasonable restrictions and bans on pets, but no specific laws explicitly outline pet policies. An HOA’s governing documents should have information about pet rules in your community.

Minnesota

No specific Minnesota HOA pet laws govern how your association can regulate pets. The HOA has the authority to outline rules about pet ownership, along with its limitations and restrictions. The pet policies in your community should be indicated in your HOA’s bylaws and CC&Rs.

Mississippi

There are no explicit Mississippi HOA pet laws that limit how your HOA can ban or restrict pets in the community. The HOA can outline and enforce pet-related policies in the planned community.

Missouri

Can an HOA ban pets in Missouri? The HOA’s governing documents guide pet regulations in a planned community. These documents should mention how pet owners can register their animals and what the HOA allows for pets in the community.

Montana

Can an HOA restrict pets in Montana? Yes, the HOA has the authority and responsibility to outline and enforce pet regulations. For more details about your HOA’s pet policies, revisiting your HOA bylaws and CC&Rs is best.

Nebraska

There are no explicit Nebraska HOA pet laws that govern how your HOA should enforce pet rules. HOAs can outline restrictions or bans in their bylaws and governing documents, including the registration process, the criteria, and the number of dogs allowed.

Nevada

Nevada HOA pet laws govern how associations can define their pet policies in the state. While the HOAs have the authority to create restrictions on pet ownership, Nevada Revised Statutes 116.335 prohibits an outright ban. The said state legislation gives owners the right to own at least one pet.

New Hampshire

Can an HOA ban pets in New Hampshire? The state doesn’t have specific legislation that can limit or dictate pet policies for the HOA. Your association then has the authority to define restrictions and bans on pets, which should be stipulated in the HOA’s governing documents.

New Jersey

Can an HOA restrict pets in New Jersey? The HOA outlines pet policies in New Jersey as long as the restrictions are reasonable. These policies should be clearly included in the association’s governing documents.

New Mexico

There are no specific New Mexico HOA pet laws that apply to planned community associations in the state. The regulations and policies for pet ownership in HOAs are usually part of the association’s governing documents.

New York

Can an HOA restrict pets in New York? The state does not have state pet legislation that specifically and explicitly addresses pet restrictions in HOAs. However, HOAs in New York are typically governed by their own bylaws, which may include rules and restrictions on pets. These can cover aspects like pet size, breed, or the number of pets allowed.

North Carolina

There are no North Carolina pet laws that directly govern pet restrictions in homeowners’ associations (HOAs). However, HOAs in North Carolina are generally allowed to set their own rules and regulations regarding pets, including restrictions on the number, size, and types of pets allowed.

North Dakota

Can an HOA ban pets in North Dakota? Like most other U.S. states, state legislation in North Dakota doesn’t have an explicit section or clause that dictates whether pet bans and restrictions are allowed in HOAs or not. Instead, the HOA itself can determine HOA pet policies, which should be included in its bylaws and CC&Rs.

Ohio

No Ohio HOA pet laws exist in the state. The homeowners association has the authority and responsibility to outline such regulations in its governing documents. These stipulations usually include registering your pets and the criteria restricting pet ownership in the planned community.

Oklahoma

There are no Oklahoma HOA pet laws that restrict or ban ownership for planned communities. The power to outline such regulations is given to the associations themselves. Your association’s governing documents should outline pet ownership rules for HOA members.

Oregon

Can an HOA ban pets in Oregon? Yes, it can, as it has the authority to define and outline pet policies, including bans and restrictions, in its governing documents and bylaws. These policies may include the process homeowners can undergo to register pets and the stipulations, such as size, breed, and number of pets a homeowner can have.

Pennsylvania

There are no specific Pennsylvania HOA pet laws that apply to planned communities. The HOA can define and enforce pet bans or restrictions, and pet ownership rules for your HOA should be indicated in your bylaws and governing documents.

Rhode Island

Can an HOA restrict pets in Rhode Island? State legislation allows homeowners associations to impose restrictions and bans on pets that are reasonable, but it does not have specific laws that explicitly outline pet policies. An HOA’s governing documents should have information about pet rules in your community.

South Carolina

No specific South Carolina HOA pet laws control your association’s state pet ownership policies. Your HOA has the authority to restrict or ban pets in your community. It can also define breed and size restrictions and the number of pets a household may have. Your HOA’s bylaws and CC&Rs need to include these pet policies.

South Dakota

Can an HOA restrict pets in South Dakota? The HOA can define and lay out pet policies in South Dakota as long as the restrictions are reasonable. These policies should be clearly stated in the association’s governing documents.

Tennessee

No Tennessee HOA pet laws explicitly control a homeowners association’s policies on pet ownership. The HOA’s bylaws and CC&Rs should indicate pet regulations in a planned community. These documents should mention how pet owners can register their animals and what the HOA allows for pets in the community.

Texas

Can a Texas HOA restrict pets? Similar to most states, Texas doesn’t have specific HOA pet laws. Here, the homeowners association should have pet ownership regulations outlined in its governing documents and bylaws.

Utah

No Utah HOA pet laws outline whether or not an HOA can ban or restrict pets. Instead, HOAs can define and outline pet policies. Your association’s bylaws and CC&Rs should indicate pet ownership limitations, including the registration process and the breed, size, and number of pets homeowners can have.

Vermont

Can an HOA ban pets in Vermont? There is no particular legislation about pet ownership in a planned community in the state. Each HOA has the authority to define its pet restriction policies. The pet restrictions or ban stipulations, including the registration process and what breed, size, and number of pets a homeowner may have, should be in your HOA’s bylaws and CC&Rs.

Virginia

There are no specific Virginia HOA pet laws that set parameters for pet policies that HOAs can enforce. The homeowners association has the authority and responsibility to outline such regulations in its governing documents. These stipulations usually include the process of registering pets and the criteria that restrict pet ownership in the planned community.

Washington

Washington State law has yet to have specific legislation solely focused on pets in homeowners associations. However, HOAs have the authority, through their governing documents, to regulate pets within their communities.

West Virginia

Can an HOA ban pets in West Virginia? The state doesn’t have specific legislation that can limit or dictate pet policies for the HOA. Instead, general HOA regulations apply. Your association then has the authority to define restrictions and bans on pets, which should be stipulated in the HOA’s governing documents.

Wisconsin

No specific Wisconsin HOA pet laws dictate your association’s pet ownership regulations. Instead, your HOA can decide whether to restrict or ban pets in your community and enforce it as laid out in your governing documents.

Wyoming

Can an HOA restrict pets in Wyoming? Yes, the HOA has the authority and responsibility to outline and enforce pet regulations. The details of pet ownership restrictions and bans should be outlined in the association’s bylaws and CC&Rs.

Federal Laws Affecting HOA Pet Policies

While most states let homeowners associations define their pet policies and regulations, a couple of federal laws may affect it. If you are creating or amending governing documents for new pet policies, consider two federal legislations: the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).

The FHA gives people with disabilities the right to reasonable accommodations, including having service animals and emotional support animals. Meanwhile, the ADA allows people with disabilities to have service animals, especially in public areas. Additionally, the ADA differentiates service animals from emotional support animals.

Can My HOA Make Me Get Rid of My Pet?

Many homeowners associations enforce a ban on pets without any wiggle room. If it is clearly laid out in your HOA’s governing documents, the association can legally impose the removal of your pet or face the consequences. While the HOA can’t technically take pets away from owners, they can impose hefty fines that accumulate per day. In bad cases of delinquency, the HOA goes beyond fines and imposes a lien on the property.

However, the enforcement of these penalties may also depend on when pet bans were added to your policies. If you were a resident and a pet owner at the HOA community before pet bans were imposed, the HOA generally can’t retroactively enforce the new pet regulations against you.

Pets and the Community

As board members, you need to find a balance between reasonable enforcement and the need for restrictions when creating pet regulations for your community. It would also help to communicate with homeowners why pet regulations are in place in your community.

Does your HOA board need help in deciding on reasonable pet restrictions? Have professionals help you out! Check out our detailed online directory today for your area’s best HOA management companies!

RELATED ARTICLES:

• Beekeeping In HOAs: Is It Allowed?
• What Are Organization Governing Documents?
• The Effect Of A HOA Reserve Deficit On Homeowners