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Pets, Service Animals, and ESAs: What to Know as a Landlord

Pets, Service Animals, and ESAs: What to Know as a Landlord

Animals are a topic that comes up quite often when people are looking for housing. Tenants must consider their pets when finding a place to rent, and landlords need to think about whether or not they are willing to risk potential damages. Many landlords opt against allowing pets. Others require an extra fee to be paid and will only allow certain sizes or breeds of dogs.

However, not all domestic animals that a tenant brings in are pets. There are two other types you need to consider – Service Dogs and Emotional Support Animals (ESAs).

In Massachusetts, Service Animals and ESAs are protected under the Fair Housing Act, and as such, you are required by law to accommodate them. According to Mass.gov, “Under the Fair Housing Act, housing providers have obligations to make reasonable accommodations to allow assistance animals in housing, both in individual units and in common areas.”

Here are some things you, as a landlord, need to know about Service Animals and ESAs so you can both provide accommodations and protect yourself.

How are ESAs and Service Animals Different from Pets?

Pets are domesticated animals kept for companionship or pleasure. On the other hand, Service Animals and ESAs are assistance animals needed by a person with a disability. As such, they are not considered pets and are not restricted by typical pet rules.

Service Animals are typically dogs, though on rare occasions a miniature horse can be registered as a Service Animal. If you’re concerned about a badly-behaved dog chewing up furniture, barking constantly, or making a mess, you don’t have to worry – service dogs receive intensive obedience training as well as specialized training. They are taught to do specific tasks that their owner cannot do on their own, which makes them fairly easy to identify.

ESAs are companion animals that provide therapeutic benefits to those with emotional trauma or mental disabilities. They also aren’t limited to dogs, as rabbits, cats, birds, and other varieties of domesticated animals can be considered ESAs.

Service animal

Can I Ask for Proof of Disability?

Yes and no. You can ask for proof that your tenant’s service animal is “prescribed” by a medical professional, and usually they will give you a letter from their doctor stating that they have a disability that benefits from a service animal. For an ESA, you can ask your tenant for a letter from their therapist or mental health care provider.

However, you cannot ask your tenant about their specific disability or diagnosis, as medical details are protected information. In Massachusetts, Service Animal and ESA owners are not required to possess any certification or identification, either. Besides the letter from their doctor, they are not required to provide you with any other form of “proof.” To avoid landing yourself in legal hot water, it’s best to take them at their word and not pry.

Can I Charge a Pet Fee?

If you were thinking about charging a pet fee or deposit, under the Fair Housing Act, you cannot. That being said, the tenant is obliged to keep their Service Animal or ESA under control. They must also follow all applicable laws regarding vaccinations, noise disturbances, and picking up after them. You can charge a reasonable rate for any property damage done by the animal. You can also evict a tenant with a Service Animal or ESA if said animal turns out to be aggressive. However, it is best to get in contact with a lawyer who specializes in tenant rights before moving forward with this decision.

Pets might be a risk to a property, but Service Animals and ESAs are a benefit to your tenants. Knowing the difference and what rights they have is vital to providing the proper accommodations and maintaining good tenant-landlord relationships.

city street

Common Condo Community Rules 

Looking for your next home? Maybe you are downsizing, hoping to avoid the lawn maintenance, or want less upkeep for items like the roof, furnace, or other high priced utilities. Whatever way you look at it, condo living may be a good choice for your lifestyle. Before you begin hunting for a condominium community, there are some community rules that you may want to be aware of before signing on the dotted line. 

condo living room

What is an HOA? 

A homeowners association or HOA is the ruling board over any community living area. A homeowners association makes and enforces rules for multiple-unit buildings like condominiums and townhouses, or possibly planned communities of single-family homes. If you own a property within an HOA, you automatically become a member. In becoming a member, you agree to abide by the rules and regulations and to pay dues, known as HOA fees. An HOA will usually have its rules in a document called a Declaration of Covenants, Conditions and Restrictions (CC&R). (Source: BankRate

landscaped birch trees

Common Rules of an HOA

When you become a member of any HOA, the rules are clearly spelled out for all community members. While these rules can, and do, differ from one community to the next, there are usually some fairly common rules to be aware of. Here are just a few that you will want to investigate as you begin your home search. 

Landscaping Rules: 

Most HOAs want a community to have a certain uniform appearance from one unit to the next. In order to have this, there are usually rules about the landscaping that is, (and isn’t) allowed around your unit.  For instance, there may be restrictions on how many plants you can have at your front door, or any decorations you may be allowed to have adorning your front entryway. 

Parking & Vehicle Rules: 

Homeowners associations usually have rules related to cars, including how many vehicles you can have on your property, where those vehicles can park, and what type of vehicles you can have. For example, if you own a boat, RV, or use a work vehicle, you may be required to park it in a different lot or not on the property at all. Remember to consult your bylaws before you buy to avoid not being able to park your work vehicle in the community lot. 

Pet Mandates: 

Most HOAs have very specific rules about allowing pets. If your community does allow dogs or other pets, there may be rules that require the pets be a certain size or breed. Again, check with your local HOA about how this could impact your fur-friend and your living arrangements. 

In addition to requirements about the type and size of pets allowed, most HOAs have noise and nuisance rules about where pets are allowed on the property as well as rules about picking up pet waste and leashing said pets. 

Decoration Guidelines: 

Are you one that really enjoys decorating for each season or holiday? If you are, you may want to check the governing documents regarding what is allowed for outdoor or visible decor for your unit. Some HOAs allow decorations during a few weeks a year while others have limits on the amount and placement of decorations. Still, others require that all decorations are kept inside each unit. 

Check with your community HOA board before you invest in a condo community. You will want to know the requirements and guidelines for your specific living area so there are no surprises. What are the common rules in your condo community? Leave us a note in the comments or on our Facebook page

 

Pets and animals

Common HOA Rule Violations

Do you live in a community with a Homeowners Association? They really can be lovely with the extra amenities like a gym, pool, or rec room. And it’s an added bonus not to have to worry about taking care of the outside of your home. Think of all the time and effort you save not having to mow the lawn in the summer or shovel in the winter.

There are, however, rules that must be followed if you live in a community or association. These rules are put there to maintain peace and allow for homeowners to be respectful and considerate to all who live in the community.

Property managers often deal with some of the violations to these rules. While every HOA community is different and the rules differ by location, there are some common violations such as:

Trash and Recycle Issues

HOAs try to keep the community looking clean and tidy. To do this they set rules about when and where trash can be put out for collection. Usually the rule includes the time at night before trash day (maybe 6pm) till the next day when they are to be taken in. Be sure to check with your HOA about what time and where the barrels should be placed.

Pet Issues

Most HOAs allow pets, but there are usually rules about the size and breeds that are deemed allowable. Be sure to also check where dogs can roam on leash in the complex. Be respectful about cleaning up dog waste and be aware that not all people are “pet people.”

Landscaping and Decorations

The outside of your condo or the walkway leading up to your residence is usually the domain of the association and whatever landscaping team they employ. Ask before decorating or adding flowers to this area. While it may seem like a no brainer that flowers will be allowed, it is best to ask first as some communities have gardeners or are trying for a uniform look.

Most communities have some sort of guidelines about when holiday decorations can be up, when they can be taken down, and what sort of decorations are permitted. Just about everything about the outside appearance of your condo is probably a part of the HOA rules, even down to the color allowed for mailboxes.

Parking Violations

In most communities there are rules about which parking spots are for residents and which ones are meant for visitors. Be sure to park in the correct locations and ask family and friends to park in the designated areas. In addition, be sure that work trucks such as cable and repairmen park in places that are not intruding on others.

If you’re new to your HOA board or looking to move into an HOA community, be sure to get a list of all the rules to be sure you do not face a fine or written violation.

Questions to Ask your Homeowners Association

If you are getting ready to buy a condominium, townhouse, or a unit within an apartment complex, you will benefit from having fewer responsibilities of property upkeep than many single-family homes require.

No whittling away your weekends mowing the lawn, or watering the grass when you live in a planned community. There are many positive aspects of living within a Homeowners Association (HOA).

There are, however, rules that you may be bound to follow legally under your particular association’s bylaws. Before you buy a home that makes you part of an HOA, here’s a list of questions you may want to ask before you sign on the dotted line:

Rules will vary according to the location, amenities, and management requirements of your specific HOA, but, in general, you will want to know about these main categories.

Moving In With Pets/Service Animals

Are there pet restrictions? For example, are certain pets allowed while others are not? If pets such as dogs and cats are allowed, there may be a weight limit, breed requirement, and/or specific restrictions of where the pet can be within the association. Registered service animals are protected by disability laws, so be sure to have the appropriate paperwork if you have a service animal.

Homeowner Association Parking Rules

How many parking spaces are given? Ask questions about what spots are considered yours and which are meant for guests only. Do you have an assigned space for your car or is it a first-come, first-served policy? In addition, you will want to ask about the snow plowing and regular maintenance that will be done in the parking lots or garages. If you have a boat or RV, you will want to ask if there are special parking facilities that you may access.

Financial and Legal Questions for HOA

As you consider buying into a community, you will want to know if there any current litigations pending involving the HOA. If so, what are those litigations? You will also want to know how often the homeowner’s dues have been raised and what the current homeowner’s dues are.

Inquire About Smoking Rules

If you smoke or vape, you will want to find out what rules apply to your association and to your individual unit. Questions you would ask include finding out where smoking is permitted and restricted. Are there smoking regulations in common areas such as the gym, pool, or lounge? Concerning individual units, are there any restrictions for smoking including on unit patios.

Decor Rules

Many condo associations have certain rules that limit the number and type of outdoor decorations. If you’re someone who loves to decorate inside and out when the holidays come around, you’ll want to ask what rules apply before you move into a HOA.

Guest Requirements

Many people who live in an association love the amenities such as the pool or gym. Be sure to find out what the guest rules are that would allow you to have a friend or family member use the facilities.

Ensure Your Privacy

When living in an association, many people worry about their privacy and how they will get along with neighbors. Ask about the soundproofing between units, and what to do if there is a noise complaint or neighbor dispute.

Master Insurance

No one wants to think about the worst case scenario, but you will want to ask about the master insurance in the case of a fire or a liability. Emergency preparedness is important. Before making a condo purchase offer, you are entitled to a copy of the latest financial statement for the complex to check the reserves, annual income, and expenses.

For over 30 years Thayer Associates has been providing property management, maintenance management, financial services, and governance services for associations in the greater Boston region. If you have questions about our company or your potential purchase, contact us today at 617-354-6480 or visit our website.

Pets and Service Animals within your Association

If you have a pet, you know that they are, “one of the family” in many ways. Nothing compares to coming home to a loyal companion who can bring comfort, security and, of course, unconditional love. But what if you live in a condominium that is run by a homeowners association (HOA)? Their job is to create pet policies that will benefit the group as a whole. Let’s take a closer look at what issues you may be dealing with in your HOA when it comes to common household pets as well as service animals.

Common Household Pets:

A typical homeowners association and the property management team that handles the maintenance, financing, and insurance for your place of residence will usually have a pet policy in place that will guide owners. The policies usually include rules that address:

  • The type and number of pets allowed in an association.
  • The size and breed allowances of each pet.
  • Guidelines on pets being spayed or neutered.
  • Guidelines on pets being up-to-date on all vaccinations and health exams.
  • Rules for outside areas that can be used and guidelines for picking up and disposing of pet waste.
  • Requirements that pets be on-leash while outdoors and meet all municipal rules and regulations.

In addition to these considerations, management will have guidelines on what to do if a pet causes damage, excessive noise or becomes a nuisance to other pets or condo owners. There will probably also be rules about pet identification and registration of new pets within the association.

Service Animals:

There are other considerations when it comes to service animals: pets that work, provide assistance, or perform tasks for the benefit of a person with a disability. Under the Federal Fair Housing Act (FHA), a disabled person may use or seek to use an assistance animal in housing where the provider (the association) forbids residents from having pets or otherwise imposes restriction or conditions relating to pets and other animals.

Recently, the U.S. Department of Housing and Urban Development issued a memo about when it comes to the question of a service animal. Under the Americans with Disabilities Act, the regulations narrow the definition of service animal specifically to dogs.  “Other species of animals, whether wild or domestic, trained or untrained, are not service animals.” Additionally, the definition of “service animal” excludes emotional support animals.

Creating a pet policy that is fair to all who live within the association is fairly straightforward and requires making rules that are fair and enforceable. Legal assistance may be necessary when making accommodations for homeowners who wish to apply for a service animal exception.

 

Resources:

The Human Society Guidelines for Pets in HoAs

Federal Fair Housing Act (FHA)

U.S. Department of Housing and Urban Development