Pets

Florida Condo Pet Rules

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.

  • Pet Size Restrictions: Some condo associations may have restrictions on the size of pets allowed. For example, an association may prohibit pets that are above 20 pounds.
  • Pet Breed Restrictions: Some condo associations may have restrictions on certain breeds. For example, some property insurance companies do not insure breeds of dogs that are deemed dangerous. And that restriction leads condo associations to prohibit those breeds of dogs.
  • Number of Pets: There may be limitations on the number of pets allowed per unit. It's common for associations to allow only one or two pets per unit.
  • Leash and Control: Most condo communities require that pets be kept on a leash when outside the unit and that owners have control over their pets at all times. This is to ensure the safety of residents and their pets.
  • Pet Registration: Condo associations often require pet owners to register their pets with the association. This registration may include providing documentation of vaccinations, licenses, and other relevant information.
  • Pet Waste Cleanup: Owners are typically responsible for cleaning up after their pets, especially in common areas. Many condo associations have designated pet waste disposal areas and designated dog walking areas.
  • Noise and Disturbance: Pet owners are usually expected to ensure that their pets do not create excessive noise that can disturb other residents.
  • Damage Responsibility: Condo owners are generally responsible for any damage caused by their pets, both inside their unit and in common areas. This may include repairing any damage to the property caused by pets or cleaning any accidents that occur outside of pet walking areas. For example, if a dog urinates in a flower bed,a condo association may deem that "damage" and fine the owner for that damage and/o.r assess the owner for repairs
  • Insurance: Some associations may require pet owners to have liability insurance that covers any potential harm caused by their pets.
  • Visitors' Pets: Rules about visitors bringing pets into the community may also be outlined. For example, some condos may prohibit guests from bringing pets onto association property.
  • Age Restrictions: Some condo communities may have age restrictions for pets, such as not allowing puppies or kittens under a certain age.
  • Pet Fees and Deposits: Condo associations may charge pet fees or require pet deposits to cover potential damages or maintenance costs associated with pets in the community.
  • Compliance with Local Laws: Condo rules typically require pet owners to comply with local and state laws regarding pet ownership, including licensing and vaccination requirements.

How to Find Out If a Florida Condo is Pet Friendly

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.

What Can I Do If The Condo Seller Misrepresented Pet Rules?

  1. Consult with an Attorney: If you believe you have suffered harm due to the misrepresentation by the seller, consider consulting with an attorney experience in Florida condo law. They can advise you on potential legal remedies, such as pursuing a claim for misrepresentation or fraud.
  2. Contact the Condo Association: Reach out to the condo association or property management company to clarify the actual pet rules and policies for the community. They can provide you with the official, up-to-date information on pet regulations. Note that it's better to ask for the pet rules and policies before entering into a condo purchase agreement. It is not likely that a condo association will make an exception for someone that did not read or understand the condo association's pet rules.
  3. Review Your Purchase Agreement: If you have already entered into a contract to purchase the condo, review your purchase agreement to see if it includes any representations or warranties regarding the property's pet policies. Consult your attorney to determine if there are contractual remedies available to you. Sadly, it is not uncommon for a pet owner to choose to give up a pet rather than go through the expense of moving to another property.
  4. Consider Alternative Resolutions: Depending on the severity of the misrepresentation and your goals, you may also explore alternative resolutions, such as negotiating with the seller for compensation or other concessions to address the issue.
  5. File a Complaint: If the misrepresentation involved a licensed real estate agent or broker, you can consider filing a complaint with the Florida Department of Business and Professional Regulation (DBPR) or the local Realtor association, if applicable.
  6. Research Local Laws: Familiarize yourself with local and state laws regarding real estate transactions, misrepresentation, and consumer protection. Understanding your rights and the legal framework can be helpful when pursuing a resolution.

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.

Can Pet Rules At A Florida Condo Be Changed?

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.

Buying a "Service Animal" Certificate To Get Around Pet Rules

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

  • Obtain Proper Documentation: If you need an ESA, you should obtain a legitimate letter from a licensed mental health professional (e.g., psychologist, psychiatrist, or licensed clinical social worker) that explains your need for the animal due to a disability.
  • Submit a Request: Submit a formal request to your condo association for a reasonable accommodation, including the necessary documentation. Explain that the pet is required due to your disability and provide the letter from your healthcare provider.
  • Understand Your Rights: Familiarize yourself with your rights under the ADA and FHA. Condo associations are required to make reasonable accommodations for individuals with disabilities unless it would impose an undue financial and administrative burden or fundamentally alter the nature of the housing.

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.

Real vs Fake Service Animals

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:

  • Training requirements for service animals and emotional support animals
  • Various disabilities that service dogs can address
  • Training methodology
  • Certification and documentation typically required for service and emotional support animals
  • Behavioral standards expected from service and emotional support animals in public spaces

Do You Have To Prove A Dog Is A Service Animal To A Condo Association?

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 ...".