The rules and regulations for pets in Florida condos can vary depending on the specific condo association, as Florida allows condo associations to establish their own pet policies. However, there are some rules and regulations that many Florida condo associations adopt.
The best way to learn about the pet rules is to read the association's governing docs. It is not uncommon for the seller or listing agent of a condo to make a mistake in the Florida condo listing that misrepresents the condo rules.
For example, a condo listing may state that the weigh limit is 40 pounds when the limit is 30 pounds. Or a listing may not mention the breeds of dogs that are prohibited. Some condo real estate listings may "slant" the listing to not fully represent all the requirements around pet ownership in an attempt to promote a sale.
It's important to document all communications and gather evidence related to the condo seller's misrepresentation. Additionally, consulting with an attorney who specializes in real estate or consumer law can provide you with personalized guidance based on the specific details of your situation.
Keep in mind that real estate transactions can be complex, and resolving disputes may require legal expertise. Therefore, seeking legal advice is often a prudent step when dealing with misrepresented property information.
In theory it is possible for the pet rules at a Florida condo to change. However, the reality is that it is extremely unlikely that an association will go through the expensive and complicated process to amend its rules. The process for changing these rules is complicated and changes at an established condominium are not common.
A new condo owner who did not understand a Florida condo association's pet rules should not expect the condo association to change the pet rules solely to accommodate their failure to learn the association's rules. Condo associations typically have established rules and regulations in place, including those related to pets, and these rules are often based on the governing documents of the association, such as the declaration of condominium, bylaws, and existing policies.
More so, the condo association is required to enforce its rules. Buyers who violate these rules will face whatever penalties are in place, which may include giving up the pet or paying fines. Some owners faced with this situation give up their pets.
It's crucial to review the specific rules and regulations of the condo association before you enter into a purchase contract, as these rules can vary significantly from one community to another. Additionally, these rules may change over time, so staying informed about any updates or amendments to the pet policy is important.
Prospective Florida condo buyers should, if they don't understand condo association pet rules, regulations, or policies, engage licensed and reputable attorneys and advisors to guide their buying decision.
Some pet owners mistakenly believe that they can buy a Service Animal or Service Dog certificate to force an association into giving them a "pet rules exception".
In Florida, condo associations must comply with the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) regarding service animals and emotional support animals (ESAs). However, simply purchasing an online service animal certificate does not automatically grant you rights under these laws.
Steps to Request an Exception
Warning About Online Certificates: Be cautious with online services that claim to provide ESA letters or certificates. Many of these services are not legitimate and may not be accepted by condo associations. It's important to ensure that the letter comes from a licensed healthcare provider who has evaluated your need for an ESA.
Consulting with a legal professional who specializes in housing and disability law can be beneficial. They can help you navigate the process and ensure that your rights are protected.
Florida condo attorney Donna DiMaggio Berger, who specializes in Florida condo law, hosted a podcast titled "The Truth About Service Animals and ESAs -- Real vs. Fake". The Youtube recording can be found at this link and includes this description:
Millions of people depend on assistance animals to help them engage in major life activities. On the flip side, some people try to pass off their pets as assistance animals to skirt the rules in pet-restricted communities, restaurants, airplanes, and other places where pets are not allowed. So how do you spot the difference between a legitimate service or support animal and a fake one? Join us for this episode of Take It To The Board as host Donna DiMaggio Berger uncovers the world of training assistance animals with Terry Harris of West Tennessee K9 Training, a top-rated dog training facility in West Tennessee.
Together, Donna and Terry take listeners through the differences between service animals and emotional support animals, shedding light on the rigorous training requirements needed for dogs to assist with various disabilities. There are many different disabilities that proper training can address including: mobility, hearing, vision, PTSD, autism, seizure disorder and more. Discover the specialized skills that these legitimate assistance animals possess and the important role they play in supporting their handlers' daily lives.
Choosing the right breed for service work is crucial. Donna and Terry look at which breeds are best suited for various tasks. Terry also shares where you can find his free online training resources, ensuring you're equipped with the tools needed to effectively train and engage with your canine companion. Don't miss this comprehensive guide to the world of service dog training!
Conversation Highlights Include:
Florida condo attorney Ryan D. Poliakoff, a Board Certified specialist in condominium and planned development law who serves as general corporate counsel to condominium associations, homeowner's associations, master associations and country clubs, wrote a July 2024 article for the Palm Beach Post titled "Don't Like Having To Prove Dog Is Service Animal To HOA? Blame The Law, Not The Lawyer".
The article includes these two passages:
"... The law is that, when a person requests an accommodation under the Fair Housing Act, housing providers may make a meaningful inquiry into the nature of the disability (not the specific condition, necessarily, but the fact that the person is disabled — that the condition affects one or more daily life functions, among other things), and that there's a connection between the disability and the need for the accommodation. You say that if your HOA asked you, a person who is not visibly disabled, for information verifying your disability and need for the accommodation, you would “have them in court for harassment.” I appreciate that having to validate your disability is unpleasant and intrusive, but it's also what the law expressly allows. You would not succeed if you sued your HOA for simply asking you to provide the legally permitted verification of your disability. You are asking for an accommodation, and the price of the accommodation is to verify your disability-related need for that accommodation ...".
"... I'm just stating what the law actually is. If you suffer from PTSD, which is a disability that cannot be visibly verified; and if you refuse to give your housing provider evidence that verifies your need for an accommodation of its rules and procedures, then they can reject your request. If you don't like that law, I absolutely respect and understand that — but your complaint is not with my “wrong” answer, it's with the people who write the laws ...".