Many HOA guidelines don't allow pets, but that might not apply to support animals. According to recent stats, there are approximately 200,000 therapy dogs in the United States.
If you're planning to live in Greensboro, GA, it's crucial to know what the law says about HOA support animals.
Read on to learn more about HOA rules and how the laws may apply to you and your furry companion.
Service Animals vs Support Animals
The terms service animals and support animals mean two different things, so it's important to know the difference when drafting HOA rules. A service animal is an animal that is trained to help someone with disabilities accomplish certain tasks. This disability can be sensory, such as needing a seeing-eye dog, or mental, physical, psychiatric, or intellectual.
The service animal must be trained to help specifically address the owner's disability. These guidelines are set forth by the Americans with Disabilities Act or ADA.
A support animal is a comfort or therapy pet. These animals don't need special training, as their main role is to provide companionship and comfort to the owner. According to the ADA, support animals don't have the same legal rights as service animals.
HOA Rules and Support Animals
Federal law says that a homeowners association cannot discriminate against someone who needs a service animal. This applies even if the community association management has a "no pets policy" in place.
But the definition of emotional support animals varies based on the ADA and the FHA. This means that the HOA may not know what to do when they receive a request to accommodate a support animal.
But according to the U.S. Department of Housing and Urban Development (HUD), it's typically best for the HOA board to accept the animal. If they deny the request, they could be in violation of federal law.
On the other hand, most HOA pets rules don't include aggressive breeds, so they may still be allowed to deny the request. It's up to the pet owner to prove that they truly need the animal for emotional support in order to be approved.
Georgia Law
In most cases, the HOA board will have to comply with current Georgia state laws regarding support animals. Technically, emotional support animals do not meet the definition of a service animal under Georgia law.
Support animals have not been specifically trained to help the owner accomplish certain tasks that they require in their daily life. Service animals and support animals are different, so there are no concrete laws in place requiring HOAs to allow them.
Community association management should draft a support and service animal policy. Homeowners can submit a request to the HOA and submit supporting documentation to be approved. Things like disability benefits paperwork, certifications from a doctor, or a determination of disability from a government agency can help.
Helping Pets and People
Support animals provide emotional help to those who need them. If you're dealing with accepting these pets as part of your HOA guidelines, always refer to state and federal law to help you navigate the issue.
For help with your property management, contact the team at PMI Oconee today.
