UNDERSTANDING HOA RULES FOR SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS IN CALIFORNIA

OVERVIEW

A lot of people who live in California HOAs have service animals or emotional support animals (ESAs). And while both federal and state law protect homeowners’ rights when it comes to their service animals and ESAs, they are quite different from each other. Service animals are trained to perform specific disability-related tasks and are legally recognized as an assistive device, not pets. Emotional support animals, while not trained to perform specific tasks, still qualify as “assistance animals” if the owner and the ESA meet the requirements.

For homeowners, the distinction between service animals and ESAs matters. It determines what questions an HOA can ask, what documentation—if any—may be required, and what limits the board can or cannot impose. Too often, HOAs blur the lines, overreach, or apply pet-related rules where they don’t belong, exposing themselves to liability.

This article explains the governing laws, the sharp differences between service animals and emotional support animals, the rights homeowners have in relation to both, and what homeowners can do if their HOAs cross the line. If your HOA tries to impose pet deposits, demand medical records, or restrict access to common areas, knowing these rules can make the difference between being excluded and enforcing your rights.

I discussed the issue of service animals and emotional support animals on an episode of my podcast, HOA HELL. You can watch that episode, “California HOAs: Service Animals, Emotional Support Animals, and What Homeowners Must Know,” by clicking on the link.

WHAT IS A SERVICE ANIMAL?

A service animal is an animal trained to perform specific tasks for a person with a disability. These tasks can include guiding someone with limited vision, alerting a person before a seizure occurs, retrieving items, or interrupting a disabling episode. The key is that the animal performs one or more specific disability-related services. Because of this, the law does not treat service animals as pets, but as assistive devices, like a wheelchair or cane.

For California homeowners living in HOAs, this distinction is critical. If an animal is trained to perform disability-related work, then it is squarely in service-animal territory. In that case, boards cannot lump it in with pets or enforce “pet rules” against it. Consequently, because service animals are legally treated as assistive devices, HOAs are extremely limited in what they can do to regulate them. The protections are strong and immediate, and that is by design.

Dogs are the most common type of service animal, but they are not the only ones. Under both federal and California fair housing law, other animals, such as miniature horses, may qualify if trained to perform specific disability-related tasks. What matters is the training and the function, not the species.

WHAT CAN A CALIFORNIA HOA REQUIRE OR ASK ABOUT YOUR SERVICE ANIMAL?

When the animal is properly designated as a service animal, HOAs have almost no room to pry, control, or interfere. Service animals, in fact, enjoy the highest level of protection when it comes to people’s animals. Privacy rules under federal and state fair-housing laws limit HOA boards to two questions, both of which are designed to confirm function, not diagnose the person. The goal is to prevent fishing expeditions and protect medical privacy. HOAs cannot, therefore, demand proof, records, or anything else from an HOA member.

The Two Permissible Questions that an HOA Can Ask About a Service Animal

Those two questions are:

1. Is your animal a service animal (as opposed to an emotional support animal, or ESA)?
2. What service or task does your service animal perform for you?

That’s it. That’s the end of the inquiry. Once you’ve responded to those two questions (or questions worded along the same lines), the HOA does not get to keep digging. Different words are fine. The substance, however, cannot change, and the questions cannot morph into “prove it” demands. This is a function check, not a medical interview.

What HOAs Cannot Demand When It  Comes to Service Animals

Bad HOA boards try to go further than the two questions they’re permitted to ask homeowners. For example, abusive HOAs will often tack on demands or insist on compliance with the HOA’s otherwise enforceable pet-related rules that do not apply to service animals. Common examples from HOAs from Hell include demanding:

• Medical records or diagnosis. HOAs cannot demand a doctor’s note, medical records, diagnostic codes, or other information concerning the nature or scope of the member’s disability.
• Registrations or certifications. There is no official registry for service animals. HOAs cannot demand proof of registration, certification, or enrollment with any website or registry.
• Special equipment. Boards cannot demand that your service animal wear any kind of vest, badge, or ID tag so staff can “recognize” the animal.
• Pet deposits, pet rent, or added fees. Service animals are completely exempt from any otherwise enforceable pet deposits, pet rent, or “service animal fees.” Remember, service animals are not considered “pets” within the eyes of the law. They are assistive devices. And just as your HOA couldn’t require you to pay a deposit or fee for a wheelchair, they cannot do so in the case of your service animal.
• Pet restrictions. Rules about weight limits, breed bans, or the number of animals allowed do not apply to service animals.

These mistakes come up again and again because HOAs try to treat assistance animals as if they were ordinary pets. Now you know that they aren’t. All that you have to remember is that when it comes to service animals, the HOA’s role is confined to asking two simple questions. No paperwork. No fees. No pet rules. So if your HOA is insisting that you comply with any of the pet-related restrictions listed above, you should refuse to comply. I discuss how to respond to abusive HOAs more particularly below, so read on.

WHAT CAN YOUR HOA DO TO CONTROL YOUR SERVICE ANIMAL?

Despite the near ban on an HOA’s ability to exert control over your service animal, there are still a few things that HOAs have a righty to insist on and police. Even though service animals are not treated as pets, HOAs are empowered to protect the health and safety of all of its members, and thus can require the following:

• Leash, harness, or tether. The default rule is that service animals should be on a leash, harness, or tether when in HOA common areas. But if the leash or tether interferes with the animal’s ability to perform its trained tasks, then the requirement gives way. In those cases, the animal must instead be under your effective control at all times.
• Effective control without a leash. Effective control can be achieved through training, voice commands, or signals (e.g., an electronic collar). For example, some service dogs assisting veterans with PTSD are trained to scout an area, return, and signal that it is safe. That task requires the animal to be temporarily off leash. As long as the animal remains responsive to commands, the law permits this exception.
• Behavior standards. Service animals must not bark excessively, growl, or lunge at neighbors. They cannot be left unattended in common areas. They may defend your or themselves from harm, but they cannot act aggressively without cause. Waste must always be picked up, either by the handler or by someone assisting them.

The law strikes a balance, although that balance greatly favors the individual with the service animal. So, service animals enjoy maximum protection as assistive devices, but they must also be safe members of the community. HOAs can step in when a dog is out of control, but they cannot use control requirements as a pretext to ban or burden legitimate service animals.

CALIFORNIA PENAL CODE § 365.7: FRAUDULENT SERVICE ANIMAL CLAIMS

California law takes fraudulent service-animal claims seriously. Under Penal Code section 365.7, it is a misdemeanor to knowingly and fraudulently represent that your animal is a service animal. That includes buying a fake vest online, presenting a pet as trained when it isn’t, or otherwise misrepresenting the animal’s status.

The penalties can include fines and even jail time of up to one year. While prosecutors rarely pursue jail in these cases, the fact that the statute allows it underscores how seriously the law views such misrepresentation. Beyond the legal risk, fraud undermines the credibility of people with legitimate service animals, making it harder for them to enforce their rights without suspicion.

In short, don’t do it. Misrepresenting a pet as a service animal isn’t just unethical,  it’s a crime, and it damages the legal protections that real service-animal owners rely on every day.

WHAT IS AN EMOTIONAL SUPPORT ANIMAL (ESA)?

Although they share many similarities in terms of how the law treats them, an emotional support animal, often called an ESA, is not the same as a service animal. Unlike service animals, ESAs are not trained to perform specific disability-related tasks. Instead, they provide comfort, companionship, and emotional stability simply through their presence. For example, an ESA may help ease the symptoms of anxiety, depression, or PTSD by calming its owner, providing physical affection, or reducing stress levels.

While ESAs are not classified as assistive devices, like service animals are, under the Fair Housing Act and California’s fair housing laws, ESAs are classified as assistance animals. This means they are more than just pets. What matters legally is not a specific diagnosis, but whether the animal’s presence helps lessen the effects of a condition that impacts daily life. If an ESA helps a person manage the effects of a condition (not necessarily a disability), the HOA must treat it as an accommodation under housing law.

WHAT CAN A CALIFORNIA HOA REQUIRE OR ASK ABOUT AN EMOTIONAL SUPPORT ANIMAL?

Unlike service animals, where the inquiry stops after two questions, HOAs have a bit more leeway with emotional support animals. That’s because ESAs are not trained to perform specific tasks. Rather, they are recognized as assistance animals only if their presence helps manage the effects of a medical condition. To confirm that status, an HOA may require written documentation from a licensed medical professional. That documentation should be simple and limited.

The law allows an HOA to ask for:

• Verification from a licensed medical or mental health professional that you have a physical or psychological condition affecting your daily life.
• Confirmation that the presence of the animal helps alleviate one or more of your symptoms.
• A statement that the animal functions as an emotional support animal for you.

That’s it. The HOA cannot demand diagnostic details, medical records, or an in-person exam.

The letter itself should be written on the medical professional’s letterhead (including contact information), and it should contain the following information:

• Professional information. Include the professional’s full name, type of license, and license number.
• Confirmation. A statement confirming the existence of a condition that affects the homeowner.
• Therapeutic recommendation. A statement that one or more the homeowner’s symptoms would be alleviated or improved by an emotional support animal. The letter should also say that the ESA is a necessary part of the homeowner’s treatment plan.
• Signature and date. The letter should be dated, and it should contain the medical professional’s signature.

The letter only needs to establish the connection between the animal’s support and the owner’s needs. HOAs that demand more, such as diagnostic codes, medical history, specific information, or therapy notes, are overstepping the line and exposing themselves to liability.

As an example, your medical professional might write a letter along the following lines.

 

WHAT HOAs CANNOT DEMAND WHEN IT COMES TO YOUR EMOTIONAL SUPPORT ANIMAL

Even though HOAs may request limited documentation for an emotional support animal, their authority stops there. Boards often try to treat ESAs as ordinary pets, but the law says otherwise. Here are the things an HOA cannot demand:

• Medical records or diagnosis. Boards cannot require disclosure of medical history, diagnostic codes, or details about the member’s condition.
• Extra verification. Once a valid letter from a licensed professional is provided, the HOA cannot insist on additional exams, demand a second opinion, or require its own doctor to evaluate the member.
• Pet deposits, pet rent, or fees. Just as with service animals, ESAs are exempt from financial conditions that normally apply to pets.
• Breed, weight, or number limits. Restrictions that might otherwise be enforceable for pets cannot be applied to ESAs. A German Shepherd or pit bull that qualifies as an ESA is protected regardless of size or breed limitations adopted by your HOA.
• Special vests, ID cards, or registration. There is no official ESA registry, and HOAs cannot require an animal to be outfitted with clothing or carry paperwork beyond the professional letter already discussed.

These restrictions exist because the law views ESAs as more than pets. Once the limited documentation is provided, the HOA’s inquiry is over. Any further demands are unlawful overreach that can expose the board and individual directors to liability.

CONTROL REQUIREMENTS FOR ESAS IN CALIFORNIA HOAs

Emotional support animals don’t enjoy quite the same latitude as service animals when it comes to control. Because ESAs are not trained to perform specific tasks, the law expects them to be managed more like pets when it comes to day-to-day behavior. That doesn’t mean HOAs can treat them as pets for legal purposes, but it does mean that reasonable control rules apply.

• Always tethered. Unlike some service animals that may be off leash when performing tasks, ESAs must remain on a leash, harness, or tether in HOA common areas. The “effective control without a leash” exception does not apply.
• Under owner control. ESAs must respond to the handler and not be left to roam, wander, or approach other residents without permission.
• Behavior expectations. Excessive barking, growling, lunging, or other threatening behaviors can be treated as nuisances and subject to enforcement.
• Cleanliness. HOAs can require owners to pick up after their ESA immediately.

These rules reflect the balance in the law, which seeks to protect ESAs’ status as assistance animals and an HOA’s ability to protect the health and safety of all of its members.

ACCESS TO COMMON AREAS: SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS

Both service animals and emotional support animals are legally recognized as assistance animals under both federal and state law. That means they are entitled to accompany their owners anywhere their owners are permitted to go, including throughout HOA common areas. “No pets” policies do not apply to assistance animals, and boards cannot use pet rules as a reason to keep them out.

This protection extends to gyms, pools, clubhouses, courtyards, walkways, and any other recreational areas. As long as the animal is under the owner’s control, it must be allowed wherever the owner is permitted to go.

Denying that access is a serious violation of the law, and it lands a lot of bad HOAs in a lot of trouble.

LAWS GOVERNING SERVICE ANIMALS AND ESAs IN CALIFORNIA HOAs

The Fair Housing Act and California’s Fair Employment and Housing Act are the primary authorities that apply to HOAs when it comes to service and emotional support animals. These laws require boards to treat service animals and ESAs as assistance animals, exempt from ordinary pet rules, deposits, or fees. They also set the limits on what questions can be asked and what documentation can be required.

While a lot of people think that their right to a service animal or ESA is protected by the Americans with Disabilities Act (ADA), the truth is that in most cases, that is not the case. The ADA applies only to places of public accommodation, and most HOAs are not “public accommodations.” The exception is when an HOA opens its facilities to the general public, for example, renting a clubhouse for weddings or selling day passes to a gym, pool, or tennis courts. In those rare cases, ADA service-animal rules apply on top of fair-housing protections.

HOW CALIFORNIA HOMEOWNERS CAN ENFORCE THEIR RIGHTS TO SERVICE ANIMALS AND ESAs

When an HOA crosses the line on service animals or ESAs, homeowners need to act quickly and deliberately. The key is to protect your rights while creating a clean record in case you need to escalate the dispute.

• Put it in writing. Document everything. If a board member or manager tells you to remove your animal (or leave a common area), and if you don’t feel up to refusing the unlawful demand (see below), then follow up with an email or letter stating what happened and confirming that your animal is either a service animal or an ESA recognized under fair-housing law. Put as many details as you can about the exchange into that correspondence (e.g., the date, time, location, what you were doing, what your animal was doing, who approached you, what they said, what you said, etc.).
• Draw clear boundaries. If it’s a service animal, remind the board that they are legally limited to asking only two questions. If it’s an ESA, remind them that as an assistance animal, your ESA is permitted to go anywhere that you’re permitted to go.
• Reject unlawful demands. If the board tries to require deposits, pet rent, registration papers, or medical records, politely but firmly decline and explain that assistance animals are exempt from those requirements. If someone demands that you take your animal somewhere else (e.g., out of the pool area, off the tennis courts, etc.), you should refuse. Politely explain that your animal is protected by state and federal law, and that you are permitted to bring your animal anywhere that you’re permitted to be (including a commercial kitchen).
• Save all correspondence. Keep copies of emails, letters, and notices. If the HOA continues to push illegal demands, your written record will become critical evidence.
• Seek legal help. If your HOA refuses to honor the law, do not let them wear you down. Call us at MBK CHAPMAN.

Taken together, these steps ensure that you stay in control of the process. By documenting your position, rejecting unlawful demands, and escalating when necessary, you can prevent board overreach from turning into lasting harm.

CONCLUDING THOUGHT

Service animals and emotional support animals are not ordinary pets, and California law makes that clear. Service animals are treated as assistive devices, entitled to the highest level of protection, while ESAs, though different, are still recognized as assistance animals that must be accommodated when properly documented.

For homeowners, the takeaway is simple. You need to know your rights and insist that your HOA honor them.  HOAs that blur the lines or impose unlawful restrictions expose themselves to significant liability. By understanding the limits of what a board can and cannot do, and by taking clear steps when violations occur, you can protect your ability to live freely with your service animal or ESA.

If your HOA refuses to comply with the law, don’t back down. Call us at MBK CHAPMAN, and we’ll set your HOA straight.

 

AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL