As of 2022, 70% of U.S. households owned at least one pet. Pets are popular, but there are also many reasons why an HOA might want to place restrictions on pets.
You don't have to allow pets in your San Antonio HOA community. Placing HOA pet restrictions isn't illegal in that city.
Regardless of your HOA rules, however, you must allow certain kinds of pets in a community. If you don't, you could end up in legal trouble. You may also disappoint members of your community.
Read on to learn why this is the case.
What Is Allowed
An HOA community is considered a private entity. So an HOA board can legally enforce a pet ban throughout their community if they wish. It can also place restrictions on the types and numbers of pets that HOA community members can own.
For example, those living in an HOA may only be able to own dogs or cats. In addition, the HOA guidelines can say they can only have two dogs and/or cats and only ones of certain sizes. Certain breeds of dogs, such as pit bulls, may also be banned.
What Isn't Allowed
A San Antonio HOA board must allow service pets. The State of Texas House Bill No. 489 went into effect on January 1st, 2014. It prohibits entities from not allowing service animals inside an establishment; that includes a home.
A service animal is an animal (usually a dog) that someone trains so it can help a person with a disability. They can help a visually impaired person see, calm a person who has PTSD, and so on. If a disabled person moves into an HOA with a service animal, the board cannot ask them to leave their animal behind.
An emotional support animal is not a service animal. However, it is also illegal to ban a legitimate emotional support animal (ESA) from a house. An ESA is legitimate if the ESA owner has a note from a doctor that states they must keep the animal with them.
What Should Be Considered
Keep in mind that placing pet HOA restrictions may be stressful for residents that already have pets. If their current pet isn't allowed due to HOA restrictions, they may have to give it up. This can cause the resident to become hurt and resentful.
To keep the peace, an HOA board can enact a "grandfather clause". This will allow HOA pet owners to keep the pets they already have and not get evicted. The board will only need to impose its pet restrictions on current residents who get new pets or new community members.
There can still be restrictions on pet grandfather clauses. If grandfathered-in pet owners lose their current pet, they cannot get new similar HOA pets, for instance.
We'll Handle Pets in a Community
In sum, most pets in a community can be restricted. This isn't the case for service animals or emotional support animals. HOA boards need to allow these in their community.
Do you think you'll struggle to know which pets to allow and not allow? If so, consider letting us help you manage your HOA. Contact us now by filling out the form near the top of this page.
