Published in Law Week Colorado
In an article published in Law Week Colorado, VF Law attorney Damien Bielli discusses how HUD’s rescission of prior Emotional Support Animal guidance is reshaping the legal landscape for Colorado HOAs and housing providers. The article offers practical guidance for HOA boards, community association managers, and counsel navigating Fair Housing Act obligations, accommodation requests, and evolving homeowner protections.
“Now, HUD has largely aligned ESA requirements with existing guidelines for Assistance Animals, including the requirement that the ESA must have been individually trained to perform work or tasks directly related to the individual’s disability,” Bielli explains. “This creates a much higher burden for the person seeking an ESA accommodation.”
Bielli notes that Fair Housing Act obligations will generally preempt HOA governing documents, making education and early legal guidance critical for boards handling accommodation or modification requests. He also highlights increased operational and litigation risks tied to Colorado’s homeowner protections, fee-recovery limits, and the growing use of AI-generated owner responses in HOA disputes.
Read the story in full; click here.