Understanding Service Animal Rights- What HOAs in Florida Can and Cannot Ask

What can HOAs ask for service animals in Florida?

In Florida, the rights of individuals with disabilities to have service animals in their homes are protected under both state and federal laws. However, this does not mean that homeowners’ associations (HOAs) have no say in the matter. This article will explore what HOAs can and cannot ask for when it comes to service animals in Florida.

Understanding Service Animals in Florida

Service animals are specifically trained to perform tasks for individuals with disabilities. These tasks can range from guiding individuals who are visually impaired to alerting individuals with hearing impairments to sounds. In Florida, service animals are protected under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA).

What HOAs Can Ask for

While HOAs have certain rights regarding service animals, they must also adhere to the laws that protect individuals with disabilities. Here are some of the things HOAs can ask for when it comes to service animals:

1. Documentation: HOAs may request documentation from individuals with disabilities to verify that their animals are indeed service animals. This documentation can include a letter from a healthcare provider or a government agency confirming the individual’s disability and the need for a service animal.

2. Verification of the Animal’s Training: HOAs may ask for proof that the service animal has been trained to perform specific tasks related to the individual’s disability. This proof can come in the form of a certificate or letter from a training program.

3. Restrictions on Behavior: HOAs can impose reasonable restrictions on the behavior of service animals. For example, they may require that the animal be kept on a leash or under the control of its handler at all times.

4. Restrictions on Breeds: While HOAs cannot ban certain breeds of service animals, they can impose restrictions on the size or type of animal if it is necessary for the safety and welfare of other residents.

What HOAs Cannot Ask for

Despite the rights of HOAs to request certain information, there are limits to what they can ask for. Here are some things HOAs cannot ask for regarding service animals:

1. Medical Information: HOAs cannot ask for medical information about the individual’s disability or the service animal’s training.

2. Personal Information: HOAs cannot ask for personal information about the individual, such as their address or contact information.

3. The Purpose of the Service Animal: HOAs cannot ask for the specific tasks the service animal is trained to perform.

4. The Individual’s Disability: HOAs cannot ask for information about the individual’s disability itself.

Conclusion

In conclusion, HOAs in Florida have certain rights regarding service animals, but they must also comply with state and federal laws. While HOAs can ask for documentation and impose reasonable restrictions on the behavior and size of service animals, they cannot ask for personal or medical information or ban certain breeds. It is essential for both individuals with disabilities and HOAs to understand these laws to ensure a harmonious living environment for all residents.