Homeowner Guide to HOA
& Condo Association
Pet Restrictions
Why Community Pet Restrictions Can Be Confusing
When it comes to buying or living in a home or condo governed by an association in Florida, pet restrictions can sometimes be confusing—and it’s not your fault.
Here’s why:
1. Multiple Layers of Rules
Pet policies can be found in several different documents:
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The Declaration of Covenants (or Declaration of Condominium)
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The Bylaws
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The Rules and Regulations
Each document may contain different details, and sometimes, they don’t always match perfectly. It can take careful reading (and even legal advice) to figure out exactly what's enforceable.
2. Changing Rules Over Time
Associations can change their pet policies through votes or amendments. That means what was allowed when one owner lived there may not be allowed now—or vice versa.
Plus, grandfathering can occur, meaning some owners can keep pets that would no longer be approved under new rules.
3. Differences Between Condos and HOAs
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In condos, pet restrictions are often stricter and tied closely to the shared living environment.
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In HOAs (homeowners associations), where properties are typically more detached, rules may be looser—or not enforced consistently.
4. Exceptions for Service Animals and Emotional Support Animals (ESAs)
Even if a community bans pets, federal and Florida law require exceptions for service animals and emotional support animals.
This can confuse owners and buyers because the term “no pets allowed” isn’t always absolute.
5. Enforcement Can Vary
Sometimes, an association has strict rules on paper but is lax about enforcing them. Other times, a new board takes over and starts cracking down.
This inconsistency can create misunderstandings about what is "really allowed."
The Bottom Line:
When you're buying, selling, or even just moving into a new Florida community, it’s crucial to read the governing documents carefully, ask questions, and get everything confirmed in writing about pet rules.
And of course, I’m here to help you every step of the way so there are no surprises.
Homeowner Associations (HOAs)
What They CAN Do
Prohibit or Limit Pets
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HOAs can prohibit certain types of pets (e.g., exotic animals, farm animals) or limit the types of pets allowed (e.g., only domestic dogs, cats, or birds).
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Some HOAs even ban all pets entirely, although that is less common in single-family home communities than in condos.
Restrict Size, Weight, or Breed
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HOAs can impose weight limits (e.g., no pets over 50 pounds) or ban specific breeds deemed aggressive (such as Rottweilers, Pit Bulls, Dobermans, etc.).
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Breed-specific bans must be written into the governing documents (Declaration of Covenants, Conditions & Restrictions, also called CC&Rs) or formally adopted via rule changes.
Limit the Number of Pets
HOAs can set rules regarding the maximum number of pets (e.g., no more than two dogs and one cat per household).
Enforce Rules Regarding Behavior
HOAs can require:
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Leashes when pets are outside
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Pet waste cleanup
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Noise controls (e.g., prohibiting excessive barking)
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No pets in common areas (parks, pools, clubhouses unless designated)
Require Registration
Some HOAs require pets to be registered with the association, along with veterinary documentation (e.g., proof of vaccinations).
Fine Owners or Demand Removal
If pet owners violate community rules (e.g., dangerous behavior, repeated nuisance complaints), the HOA can:
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Issue warnings
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Levy fines
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Take legal action to compel removal of the pet
Homeowner Associations (HOAs)
What They CANNOT Do
Discriminate Against Service Animals or Emotional Support Animals (ESAs)
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Service animals (protected under the Americans with Disabilities Act) and emotional support animals (protected under the Fair Housing Act) are not considered pets legally.
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HOA pet restrictions cannot be used to deny or restrict a qualified service animal or ESA, even if a no-pet rule is in place.
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Associations must allow reasonable accommodations for individuals with documented disabilities.
Retroactively Enforce New Restrictions
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If a resident obtained a pet legally under prior HOA rules, and new restrictions are later adopted, the pet is typically grandfathered in unless the CC&Rs explicitly say otherwise.
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Changes cannot retroactively force a homeowner to get rid of an existing pet.
Apply Rules Selectively
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Pet rules must be consistently enforced across the entire community.
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Selective enforcement can lead to legal challenges based on unfair treatment or discriminatory enforcement.
Condominium Associations
What They CAN Do
Ban or Limit Pets Entirely
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An association can prohibit pets altogether if the restriction is clearly spelled out in the Declaration of Condominium (the foundational document recorded with the county).
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If the governing documents only restrict pets in rules or bylaws — not the Declaration — those restrictions must be "reasonable."
Restrict Type, Size, Weight, or Breed
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Associations can limit pets by:
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Type: (e.g., only allowing cats, small dogs, birds, or fish)
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Size/Weight: (e.g., pets under 25 pounds)
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Breed: (e.g., no aggressive breeds like Pit Bulls, Dobermans, etc.)
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These restrictions must be reasonable and clearly communicated.
Restrict the Number of Pets
Associations can limit the number of pets per unit (e.g., one dog or two cats maximum).
Require Registration and Approval
Associations can require owners to register pets and obtain approval before bringing a pet into the community.
Enforce Behavior Standards
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Associations can create and enforce rules about:
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Leash requirements
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Noise restrictions (e.g., excessive barking)
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Clean-up requirements (e.g., pet waste)
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Areas where pets are allowed or prohibited (e.g., no pets in the pool area)
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Fine or Remove Violators
Associations can levy fines, require removal of pets that are disruptive, or initiate legal action if pet owners violate the rules.
Condominium Associations
What They CANNOT Do
Discriminate Against Service Animals or Emotional Support Animals (ESAs)
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Service animals (protected under the Americans with Disabilities Act) and emotional support animals (protected under the Fair Housing Act) are not considered pets legally.
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HOA pet restrictions cannot be used to deny or restrict a qualified service animal or ESA, even if a no-pet rule is in place.
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Associations must allow reasonable accommodations for individuals with documented disabilities.
Retroactively Enforce New Pet Restrictions
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If an owner already has a pet under a previously permissive rule, and the association changes the rules later, the owner’s pet is usually “grandfathered” in.
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New pet restrictions generally cannot apply retroactively unless specifically allowed in the governing documents.
Enforce Arbitrary or Uneven Rules
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Associations must apply pet rules consistently to all owners and residents.
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Selective enforcement (enforcing rules against some but not others) can open the association to legal challenges.
Tony Anderson
Tony is the creator of this website.
As a real estate broker, Tony knows that the rules are often very confusing when it comes to our furry family members. He hopes this site helps you understand Florida pet rules.
He is pictures with his rescue dog Buffett.
Christy White
Christy is pictured here with her Golden Retriever Stanley.
If you are in search of a quality veterinary clinic to take care of your pet, visit Christy - she is the Practice Manager at The Vet Clinic of Palm Harbor!
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Featured Owners & Their Pets
Florida Statutes
HOAs
Links to the legal basis for the information on this website:
Condominiums
Links to the legal basis for the information on this website:
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Fair Housing Act (federal)
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Florida Fair Housing Act (Chapter 760, Florida Statutes)
PUDs
A Planned Unit Development (PUD) can include condominiums, along with other types of housing like townhouses and single-family homes. A PUD is essentially a community with shared amenities and managed by a homeowners association (HOA), regardless of the types of housing units within.