Pets on the Property: Can My HOA Really Enforce Their ‘No Pet’ Policy?

Whether it’s man’s best friend, a furry feline, or an aquarium full of rainbow fish, we all love our pets. In fact, a 2017-18 survey conducted by the American Pet Products Association determined that 68% of all American households (that’s 85 million families) own at least one pet. To you, your pet is just another member of the family. But to your HOA, your pet may be viewed as a nuisance that decreases the value of your property and others around it. For this reason, many home owner’s associations implement policies and provisions that forbid certain types of animal ownership.    

The short and quick answer is that HOAs can legally restrict pet ownership on properties within their jurisdiction. HOAs place these provisions in the covenants or bylaws that you are required to sign when you first purchase your home. HOAs may, at their sole discretion, ban all pets, certain types of “exotic pets”, or pets of a certain size. However, if you are looking to challenge your HOA’s policy against pets, there may be a few ways to do so.

The ability of an HOA to enact a retroactive ban on pets has been up for debate. If you have a pet that was living on the property before the new policy was enacted, the HOA is required to follow the rules set forth in its bylaws to amend the covenants. If your HOA is trying to enact this new policy, be sure they have amended the HOA covenants properly. You may also find a situation where pets already living in homes can be grandfathered in to the new policy. 

You should also ensure that your HOA is enforcing the pet policy with consistency. Does the HOA allow smaller dogs, even though the policy bans all canines? Do the covenants state that all pets are forbidden, but you know of several neighbors who are allowed to keep small house cats? If this is the case, you may have another argument against the enforceability of your HOA’s pet policy.

Although you may be a pet lover, this topic can be very controversial. Many homeowners don’t want to live in a neighborhood with dogs because they are annoyed by barking, or they are afraid of animals in general. While most would agree to restrictions that prevent “pets” like a chimpanzee or crocodile, there may not be quite the same consensus when it comes to the typical household pet. If you need help understanding the implications of your HOA’s bylaws or covenants, or if you are a Board member of your HOA, reach out to Goosmann Law Firm’s Sioux City, Sioux Falls, or Omaha law offices. Our skilled team can analyze  or help you implement provisions from pet policies to shared maintenance and assessment fees.