Emotional Support Animals and HOAs: What Are Your Rights?

For many, pets are more than just animals—they’re family. The connection is genuine whether it’s your loyal dog, comforting cat, or even a cherished chicken or emotional support pig. However, for homeowners living in HOAs or condominiums, that bond is often tested by strict pet rules, weight limits, or outright bans.

At Dessaules Law Group, we understand how frustrating and deeply personal it can be when your HOA tells you your pet isn’t welcome. We recently met with a gentleman whose dog had gained weight and it went from being "allowed" to "not allowed" due to his added girth. "Sorry, Cooper is no longer welcome here at the condominium. We look forward to seeing him back here when he loses five pounds."

If you're facing similar challenges, you're not alone—and you may have legal protections.

Can HOAs Ban My Pet?

Homeowners Associations can impose certain rules, but they don’t have unlimited power. Whether your HOA can ban your pet depends on your community’s governing documents, known as the CC&Rs (Covenants, Conditions, and Restrictions). If those documents don’t authorize new pet restrictions, your HOA likely can’t make up new rules without unanimous agreement.

Even when associations can regulate pets, the restrictions must be reasonable. What qualifies as “reasonable,” however, is often subjective and contested. That’s where we come in.

What About Emotional Support Animals?

This is where federal and Arizona state law draw a clear line. The Fair Housing Act (FHA)—both the federal version and Arizona’s state law—requires HOAs and condo boards to provide reasonable accommodations for emotional support animals. This means they cannot simply say “no pets” if you have a legitimate need for a support animal.

Your HOA must make accommodations that allow you to fully use and enjoy your home, just like any other resident. Refusing to do so could result in legal consequences—including lawsuits, financial penalties, and payment of your attorneys’ fees.

You Deserve to Feel at Home—With Your Pets

You have the right to fair treatment. And your HOA has a legal obligation to provide it.

At Dessaules Law Group, we have years of experience helping homeowners navigate complicated HOA rules, protect their rights under the Fair Housing Act, and keep the animals they rely on for support. We understand how personal and emotional this issue can be, and we’re here to help you every step of the way.

Do you want to learn more about your rights as an emotional support animal? Contact our attorneys today to schedule a consultation.