Pets in Your HOA

Author:  Jason L. Grosz

Pets are a very controversial subject in both Homeowners Associations and Condominiums. Many association documents place restrictions--including type of animal, specific breed, etc--on which pets an owner may have in their home. Often, these boundaries will limit even the number of dogs or cats an owner may have on their property. HOAs also frequently prohibit all "livestock, cattle, an fowl" on the property, while some forbid all types of reptiles. Additionally, many condominium restrictions even place limitations on the size or weight of dogs. (Time to put Rex on a diet!)

When evaluating pet restrictions in your Association, it's important to consider (1) the sort of behavior you're trying to regulate and (2) the clarity and consistency of your rules. For many owners, pets are considered family; rather than banning these furry family members, many Associations choose to establish policies regarding animal waste clean-up, off-leash areas, and noise control.

It is also important--when forming pet restrictions--to remember there are federal anti-discrimination laws that come into play when an Association regulates service animals for the disabled A pet restriction that interferes with a disabled person's use of a guide animal is often unenforceable.

Finally, for those that keep exotic pets, consider both your HOA's governing documents, as well as your city or county ordinances. Many municipal codes place limitations on keeping "exotic animals"--such as big cats, snakes, and other reptiles. For more or to speak with a lawyer knowledgeable in all aspects of this and other HOA legal issues, please email jlg@vf-law.com, or check out the following links:

For the Multnomah County Code on Animals: http://www2.co.multnomah.or.us/counsel/code/ch13.pdf

For the Portland City Code: http://www.portlandonline.com/auditor/index.cfm?c=28177

For the Washington County Code: http://www.co.washington.or.us/Code/index.htm