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SERVICE DOGS IN AN HOA A much-discussed topic in HOAs of all sizes, it's important to understand that service dogs aren't pets. The Americans with Disabilities Act (ADA) defines service dogs as specially skilled dogs who are individually trained to perform specific tasks that mitigate particular disabilities for their owners. According to the ADA, disabilities can be physical, sensory, psychiatric, intellectual, or other mental disabilities. For example, some dogs are trained to pull wheelchairs; others are taught to alert to the sounds of the telephone, oven timers, alarm clocks, smoke alarms, and even a baby's cry. Community associations are required to accommodate service animals under state and federal laws, regardless of what the governing documents may dictate. Housing protections, like the Fair Housing Act, safeguard service dogs and their handlers living in an HOA—including multi-family rental buildings, condominiums, and apartments—regardless of any "no pets" policy. Additionally, no pet deposit may be charged, even if one is normally charged for animals living in the establishment. Still, it may be required of service animal handlers living in an association to follow certain rules pertaining to the health, safety, and well-being of the community. Note that all communities are different, so it's imperative to read your governing documents and consult an attorney for any verbiage that seems unclear, contradictory, or reveals other issues.

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