No HOA may refuse a resident's right to house their service animal, but this isn't always the case with support animals.
Allowing support animals in your HOA can increase your pool of potential homeowners and help you avoid falling foul of ADA regulations. So, making provisions for support animals in your HOA policy guide makes sense.
Having something to refer to when you get a request to accommodate an assistance animal makes the process simpler for everyone. Read on to discover some facts regarding support animals in Roswell, Georgia, HOAs.
Types of Support Animals
Under the Fair Housing Act, landlords must accommodate the needs of people with disabilities. At times, this may include abandoning no-pet policies for people with assistance animals.
These creatures fall into two categories, i.e., service animals and support animals. Service animals, like seeing-eye dogs, perform specific services for their owners and enjoy widespread protection under the Americans With Disabilities Act.
Support animals usually assist people with less obvious afflictions like phobias, anxiety, and depression. Support animal rights can be a gray area for HOAs and landlords.
Can You Ask for Support Animal Documentation in Georgia?
In Georgia, an HOA board may not ask anyone applying for housing with a support animal about their disability. You may only inquire about how the animal assists the person.
While it's not a legal requirement to provide proof of the need for emotional support animals, many people with a genuine need for them do have letters stating this.
You must make reasonable accommodations for them if they have an ESA letter. However, some pet owners may present a fake letter, so always get legal assistance when faced with one of these requests.
What Are 'Reasonable Accommodations'?
In most cases, the term 'reasonable accommodations' means little more than waiving your no-pet policy and pet deposit. Residents with support animals must still comply with all HOA regulations in Roswell, GA.
This means they must adhere to your Roswell HOA rules such as:
- Not allowing their animals to create a disturbance
- Keeping them under control at all times
- Picking up after them
- Paying for any damages caused by the animal
Single-family homes in an HOA usually have enough space to accommodate service animals, but this may not be the case with condominium associations. These dwellings aren't always suitable for animal occupation and keeping them in these confined spaces might cause significant inconvenience to the other residents.
Get the Area-Specific Answers You Need
There is some debate surrounding the topic of whether HOAs are compelled to allow support animals. The best way to decide is by analyzing the situation on a case-by-case basis. Your HOA may need some guidance when it comes it comes to deciding on issues like this.
The guidance of an experienced HOA management team can prove invaluable in these instances.
PMI Roswell is a locally-based community management service backed by a fast-growing franchise with two decades of real estate experience. We support our hands-on experience with cutting-edge property management technology to create tailored services to suit our clients' individual needs.
Simplify your HOA operations with our expert, dedicated service and get the help you need to navigate difficult situations like these.
