A study by the American Psychiatric Association indicated that close to one in five pets holds emotional support animal certification. Support animals have become popular over the last decade, and many homeowners want to own one.
If you operate a homeowners' association, though, you may not know what you can do regarding support animals. Must you accommodate every support animal request? What do you do if your bylaws have HOA animal rules?
While support animals can lead to some unclear situations, you don't need to worry. To stay on the right side of Washington state law, keep reading.
Support Animals vs. Service Animals
Before making any decisions about HOA policies on animals, you should know the law. Many HOA boards don't know which laws cover support animals instead of applying only to service animals.
Legal Distinction
Service animals perform specific tasks for their owners, such as medication retrieval or initiating medical alerts. The Americans with Disabilities Act only recognizes dogs as service animals, though it makes an exception in some circumstances for miniature horses.
Emotional support animals fall under a broader umbrella. Any animal can be an emotional support animal so long as the patient has a letter signifying it plays a role in treating a mental or physical illness.
Washington State Law
Washington state law does not set out guidelines, restrictions, or rights for support animals. They do not receive the same benefits as service animals.
Fair Housing Act
The Fair Housing Act, a federal law, specifies that the owners of emotional support animals receive some protections under the law. If the housing entity cannot demonstrate that the animal would alter the nature of its operations, living with an assistance animal falls under the category of reasonable accommodations.
Have a Procedure
Since an HOA would have difficulty denying a support animal, pet policies in HOAs should take the initiative. A policy should outline:
- how to request an accommodation
- any types of animals you feel would alter the nature of the HOA's operations
- the documentation your HOA manager needs to make a decision
- expected response time
- examples of accommodations you will provide
Having clear steps for homeowners to take will make it easier for your association property manager to review and respond to requests on time.
Remember Your Rules
While some requests include reasonable accommodations, some don't. Remember that you can still enforce basic pet restrictions like leash length requirements or waste cleanup. An HOA should build a healthy, safe community and those who need animal accommodations should still participate in building that community.
Supporting Support Animals
You need to adhere to the law regarding support animals, but providing reasonable accommodations shouldn't prove difficult. Having a procedure in place for the process will ensure that all parties come away happy.
If you want someone to help handle property management issues, PMI Cascade can help. PMI handles more than 650 associations in America, allowing it to bring experience and quality to your HOA. Contact us today to find out what we can do for your HOA in the Tacoma area.
