Our furry four-legged friends do so much more than provide companionship - some of them are certified to provide emotional support. According to Pettable, around 32% of pet owners have had their pets certified as emotional support animals. Florida communities need to follow certain rules and regulations to ensure their neighborhood is inclusive.
This blog will discuss the basics surrounding HOA regulations for support animals in Florida. We'll talk about some of the documentation and qualifications residents need to provide if they want to move in with service animals.
Types of Different Support Animals
There are two main categories of support animals and they're not created equal. The two types of support animals you should know about include:
- Service animals
- Emotional support animals
It's important to keep in mind that both service and emotional support animals are recognized under the Fair Housing Act.
Service Animals
Service animals are typically dogs. They assist those who have a psychological or physical disability that's defined in the Americans with Disabilities Act (ACA).
These animals don't need to be certified or licensed. However, service animals are trained to perform certain tasks to assist their owner with normal living activities. There are no federal requirements for identification regarding these animals.
Emotional Support Animals
Any animal species can be an emotional support animal. Using an emotional support animal is supported in writing by a mental health professional or qualified physician. There are no requirements for the following items:
- Certification
- Licensing
- Training
Florida HOA Regulations Surrounding Support Animals
There are federal laws in place that make it illegal to discriminate against a person because of their disabilities. State and federal law also states that are allowed to make reasonable accommodation requests from their HOA communities for support animals. The disability may fall into one of the following categories:
- Physical
- Emotional
- Substantially affect one of more "life activities"
Potential tenants need to do more than make a request for an emotional support animal accommodation from their HOA community. They'll also need to show that the need for their animal is directly related to their disability. The Fair Housing Act states that tenants need to demonstrate that their animal alleviates the effects or symptoms of their health condition.
How HOAs Assess Support Animal Accommodation Requests
The main guidance HOAs need to follow when assessing a request is whether or not the tenant's disability is observable. Observable conditions include:
- Mobility limitations
- Deafness
- Blindness
- Autism
- Parkinson's disease
If they determine the disability is observable, they'll then evaluate the connection between the condition and the animal. If the person's disability isn't observable, the HOA may request more information.
Develop Clear Practices for Support Animals in Your Florida HOA
The laws surrounding service and support animals in Florida may seem straightforward, but can quickly get complicated. As an HOA member, you want to ensure you're abiding by state law while respecting the rights of your tenants. That's why partnering with an experienced property management company is essential when creating pet policies for your HOA community guidelines.
At PMI Broward Sunrise, our property managers are well-versed in Florida and federal law surrounding support animals. We'll work with you to assess requests for support animals as they come into your community. Contact our office to schedule a consultation.
