Overview
In the eyes of both federal and California law, service animals are not pets. Those laws apply to California HOAs, and in all California HOAs, service animals may only be viewed as assistive devices, like wheelchairs or canes. Consequently, HOA boards have very limited authority over a homeowner’s service animal.
This Fact Sheet explains exactly what a board may ask, what it may not demand, the narrow control rules that apply, and how access works throughout common areas. Homeowners who understand these facts are better positioned to protect and enforce their own rights and stop unlawful overreach by their HOAs.
For a deeper dive into this topic, see my full article: “Service Animals and Emotional Support Animals in California HOAs: Your Rights.”
You can also watch an episode of my podcast (HOA HELL), “California HOAs: Service Animals, Emotional Support Animals, and What Homeowners Must Know,” where I discuss these and other related issues.
Key Points
Use this checklist to understand a California HOA’s lawful role with service animals and for guidance as to what you should do if it becomes necessary for you to protect your rights:
- Service animals perform disability-related tasks. They are legally recognized as assistive devices, not pets, and may include dogs and, in some cases, miniature horses when trained for specific tasks.
- Only two questions are allowed. A board may ask if the animal is a service animal and what task it performs. Boards cannot turn this into a medical interview or a prove-it process.
- No paperwork or fees may be required. Boards cannot demand medical records, diagnosis, registrations, special IDs or vests, pet deposits, pet rent, or added fees. Pet rules like breed, weight, and number limits do not apply.
- Control rules are narrow. Leash, harness, or tether may be required unless that interferes with the animal’s trained tasks; in that case the animal must be under effective control by training, voice, or signal. Reasonable behavior standards and cleanup rules still apply.
- Access to common areas is absolute. Assistance animals are allowed anywhere their handler is permitted to go in HOA common areas. “No pets” policies do not apply to assistance animals.
- ADA usually does not govern inside HOAs. Fair-housing law controls most HOA scenarios; ADA rules apply only if facilities are opened to the general public.
- Fraud is a crime. Knowingly misrepresenting a pet as a service animal is illegal under Penal Code 365.7.
- Create a paper trail. If the board overreaches, put everything in writing, draw the two-question boundary, decline unlawful demands, save all correspondence, and escalate if needed.
- Do not comply (if you feel up to standing up for yourself). If told to leave a common area (gym, pool, clubhouse, etc.) by a board member or manager, politely refuse. State that your animal is a service animal, remind them of the only two questions they may ask, and answer those. That is all you are required to do. Even if threatened with the police, do not leave. You are not trespassing because you are a member. If the person confronting you is just another resident with no authority, ignore them.
A board’s authority over service animals is intended by the law to be intentionally narrow. If the board goes beyond the two permissible questions, tries to apply pet rules, or demands fees or paperwork, you do not have to comply and you cannot be subject to HOA discipline (e.g., fines or suspension of privileges).
FAQs
What are the rules for a service animal in a California HOA?
A California HOA can ask only two questions of you: whether the animal is a service animal and what task it performs. It cannot demand medical records, registrations, special IDs, deposits, or pet-rule compliance like breed or weight limits. Those rules, while enforceable for pets in the community, do NOT apply to your service animal(s).
What can a California HOA require for a service animal in common areas?
A leash, harness, or tether may be required unless that would interfere with trained tasks. If the latter is true, then no physical leash or tether is required, but your service animal must remain under effective control by training, voice, or signal at all times. Reasonable behavior and waste cleanup rules still apply.
Can a California HOA charge deposits or fees for a service animal?
No. Service animals are treated as assistive devices, so pet deposits, pet rent, or extra fees are not allowed.
Can a California HOA demand paperwork or a doctor’s note for a service animal?
No. For service animals, boards cannot require medical records, diagnoses, certifications, registrations, or special equipment like vests or ID tags. They can only ask the two questions mentioned above. And that’s it.
Does a California HOA have to allow a service animal everywhere in common areas?
Yes. Service animals are allowed anywhere the handler may go in HOA common areas. “No pets” policies do not apply to service animals.
Is it illegal to claim a pet is a service animal in a California HOA?
Yes. Knowingly and fraudulently presenting an animal as a service animal is a misdemeanor under Penal Code 365.7.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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