Updated August 31, 2026
HOAs and condo associations
An association is a housing provider under the Fair Housing Act. The legal framework is the same as with a landlord. The politics are entirely different.
Reviewed for clinical accuracy by Andrew Patel, LCSW, Licensed Clinical Social Worker. Last reviewed August 31, 2026.
Associations are covered
Homeowners associations, condo boards and co-op boards all have to consider reasonable accommodation requests. Their governing documents — the CC&Rs, bylaws and rules — are exactly the kind of policy that can be modified as an accommodation. A restriction on animals, on breed, or on weight is a rule, and rules bend for accommodations.
This holds whether you own your unit or rent it from an owner. If you rent, you may need to request from both the association and your landlord, since both enforce policies that affect you.
Why associations are harder than landlords
- Volunteers, not professionals. Board members are neighbors, often with no fair housing training and strong opinions about the rules they voted for.
- Meeting schedules. A board that meets monthly can take a long time to decide anything.
- Privacy. A request discussed at an open meeting is a request your neighbors hear about.
- Fines while it is pending. Associations issue violation notices, and they accrue.
Ask for a confidential review
You can request that your accommodation be handled confidentially and considered in executive session rather than on an open agenda. Associations should not be broadcasting a resident's disability-related request to the neighborhood, and most will agree if you ask.
How to make the request
- Address it to the board through the management company, in writing, and keep a copy.
- Cite the specific provision of the CC&Rs or rules you are asking to be modified.
- Attach the clinician letter. Do not include your diagnosis.
- Ask for a written decision by a specific date, and for confidential handling.
- If a violation notice is already running, say in the same letter that the request is pending and ask that enforcement be held.
What changed in May 2026
Community association lawyers were among the first to write about this change, and boards are being advised to review their animal policies. HUD's memo means an association is no longer expected by FHEO to categorically grant a request for an untrained emotional support animal, and requests for trained assistance animals are treated as presumptively reasonable.
What has not changed: an association still has to evaluate each request on its own facts, private lawsuits are still available, and state law still applies in full. In states with their own protections, a board that denies an ESA request because "HUD changed the rules" may be making a costly mistake. More detail →
If they fine you
Fines that accrue while an accommodation request is pending are a common flashpoint. Put in writing that the request is pending, ask for enforcement to be suspended, and keep a record of every notice and amount. If the accommodation is ultimately granted, the fines assessed for the conduct it covers should generally not stand — that is worth raising directly and, if necessary, with a lawyer.
Pricing
ESA Letter Cost: One Price, Paid Once
No subscription, no renewal auto-charge, no registry fee. You pay for a clinical evaluation and, if the clinician approves you, a signed letter.
ESA Letter
- Signed by a clinician licensed in your state
- Covers up to 2 emotional support animals
- Formatted for landlords, property managers and HOAs
- Free rewrite if your landlord asks for a different format
ESA Letter · 3+ Animals
- Every animal named on one letter
- Signed by a clinician licensed in your state
- Useful when a building caps the number of pets
- Free rewrite if your landlord asks for a different format
PSD Letter
- Confirms a disability and a need for task-trained work
- Useful for housing, employers and school disability offices
- Covers up to 2 dogs
- Not an ADA certificate — see the note below
PSD Letter · Up to 3 Dogs
- Every dog named on one letter
- Confirms a disability and a need for task-trained work
- Covers up to 3 dogs
- Not an ADA certificate — see the note below
About the PSD letter: it is documentation from a licensed clinician, not a certificate or an ID. Under the ADA, public access comes from your dog being individually trained to do work or tasks for your disability. Businesses are allowed to ask only two questions and are not allowed to require paperwork. Nobody can sell you access rights — anyone who says otherwise is selling a novelty.
You are charged only after a clinician approves you. We may place a temporary authorization hold on your card beforehand to confirm it is valid; a hold is not a charge and is released if you are not approved.
100% refund if your landlord denies your ESA. If your housing provider refuses the accommodation after you submit a letter we issued, we refund what you paid in full. Full terms, including what a claim needs, on our refund policy page.
Questions
Frequently Asked Questions
Does the association get to inspect my animal?
They can ask reasonable questions about the specific animal, especially where a direct threat is alleged. They are not entitled to a home inspection as a condition of the accommodation.
Our CC&Rs ban all animals over 25 pounds.
A weight limit is a rule, and a rule can be modified as an accommodation. Make the request in those terms.
Can neighbors object?
They can complain. Generalized objection is not a lawful ground for denial. Documented, specific conduct — aggression, sustained noise — is a different matter.
Sources
- Fair Housing Act, 42 U.S.C. § 3604 — discrimination in the sale or rental of housing Office of the Law Revision Counsel, U.S. House of Representatives
- Joint Statement on Reasonable Accommodations Under the Fair Housing Act HUD and the U.S. Department of Justice
- Office of Fair Housing and Equal Opportunity — the office that enforces the Fair Housing Act U.S. Department of Housing and Urban Development
- The Fair Housing Act — enforcement overview U.S. Department of Justice, Civil Rights Division
- File a housing discrimination complaint with HUD HUD Office of Fair Housing and Equal Opportunity
- Directory of state and local fair housing agencies (FHAP partners) HUD Fair Housing Assistance Program
Find Out Where You Stand in About Ten Minutes
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