According to the Community Associations Institute (CAI), Texas has over 22,300 community associations, including homeowners associations (HOAs). Approximately 6.12 million Texans live in 2.2 million homes within these communities.
Like elsewhere in the U.S., HOA residents in Texas, including Katy, must adhere to the association's covenants, conditions, and restrictions (CC&Rs). In many cases, CC&Rs include HOA rules for pets.
But what about emotional support animals (ESAs)? Can HOA boards enforce policies on them, too?
Read on as our team at PMI Prestige put together this guide to help HOA board members navigate rules for ESAs.
Difference Between Pets, ESAs, and Service Animals
Pets provide companionship and emotional support to their owners. However, they don't automatically classify as service animals or ESAs.
Service animals have undergone specialized training. The training they've had allows them to perform tasks for their handlers with disabilities or conditions affecting their:
- Physical health
- Psychiatric health
- Sensory health
- Developmental health
ESAs haven't undergone the same rigorous training as service animals. However, they still provide companionship and comfort to their owners with specific psychiatric or emotional disabilities or conditions.
Pets vs. ESAs vs. Service Animals in Communities With Associations
Unlike emotional support animals and service animals, a community association in Katy, TX, can enforce HOA rules for pets. For instance, they can have HOA pet policies that allow or prohibit animal companions.
By contrast, federal and Texas laws supersede HOA rules on animals. For example, as this NOLO guide explains, the federal Fair Housing Act and Texas law protect ESAs and service animals. So, communities and housing providers must provide reasonable accommodations for these animals.
Service animals have additional protection under the Americans with Disabilities Act (ADA). For instance, public areas that don't accommodate pets and ESAs must permit access to service animals and their handlers.
Legal Rights in HOA Communities Regarding Support Animals
Associations in Katy, TX, cannot exclude ESAs of residents or tenants of HOA rental properties. However, board members can still implement policies designed to protect the legal rights of other community members. For example, they may request an emotional support animal's owner to provide documentation like:
- A written request by the ESA owner to the association to accommodate their support animal
- Information on how accommodating the ESA will benefit the owner
- A letter from a licensed doctor or health professional indicating the owner's need for an ESA
Board members must respect an ESA owner's privacy when requesting those documents. Therefore, it's best not to require the owner to divulge specific information about their emotional disabilities.
Need More Expert Help With HOA Rules for Animals?
HOA board members in Katy, TX, must know how pets differ from service and emotional support animals. Otherwise, they and their association may face legal trouble.
To prevent that from happening to your HOA, partner with our full-service association management firm, PMI Prestige. We specialize in compliance, financial, administrative, maintenance, and vendor management. We're also proud to be part of PMI, a fast-growing national company that has served and helped perfect the property management industry for the past twenty years.
Reach out to us today to request a bid for your HOA!
