Key Takeaways
- Breed bans do not apply to ESAs. Your Florida condo board cannot deny your Emotional Support Animal just because it is a Pitbull, Rottweiler, or German Shepherd.
- ESAs are not pets. Under the law, they are assistance animals. So, the normal pet rules in your building do not count for them.
- They cannot charge you fees. The board cannot ask for a “pet deposit” or “pet rent” for your ESA.
- The “Direct Threat” rule. They can only ban your dog if your specific dog acts dangerous, not just because they think the breed is bad.
- We can help. The Law Offices of Herb M. Milgrim, P.A. represents individual unit owners to ensure you get the best legal advice when your board says no.
Why Can’t Florida HOAs Use “Aggressive Breed” Lists to Deny an ESA?
Florida HOAs cannot use “aggressive breed” lists to deny an ESA because federal and state housing laws do not treat Emotional Support Animals as normal pets. Under the Fair Housing Act and Florida Statute 760.27, a condo board must allow your assistance animal no matter the size, weight, or breed, as long as you have the right medical letter.
Hello! My name is Attorney Herb Milgrim. We have been in business for over a decade, and we are very highly rated and have won multiple awards. The name of my firm is The Law Offices of Herb M. Milgrim, P.A. and we represent the Condo Owners in Boca Raton, Palm Beach, Naples Fort Lauderdale, Miami, Hollywood, Hallandale, Sunny Isles and Aventura. We are an HOA attorney that represents individual unit owners to ensure you get the best legal advice. We love cases that regard ESA Accommodation and Service Animal Accommodation.
At The Law Offices of Herb M. Milgrim, P.A., we believe that great representation goes beyond knowing the law — it’s about standing up for people when the stakes are high, when the odds are heavy, and when the system feels overwhelming. Founded by Attorney Herb Milgrim, the firm was built on a simple conviction: every client deserves clarity, compassion, and a champion in their corner. Whether it’s a condo dispute, ESA Accommodation, or Service Animal Accommodations, we bring the same level of preparation, precision, and purpose to every case we handle. We don’t just file motions or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what’s been lost — dignity, stability, or peace of mind.
If you have an Emotional Support Animal, you already know how much they help you. But when you move into a condo in Florida, the HOA board might try to tell you your dog is not welcome. They might wave a piece of paper that says, “We do not allow aggressive breeds.” Do not let them scare you. I am going to tell you the truth about your rights.
The Law is on Your Side
Florida has over 9.5 million people living in community associations. That is almost half the state! And in South Florida alone, Broward and Miami-Dade counties hold about 37% of all the condo units in Florida. With so many condos, we see a lot of boards making up their own rules.
But federal and state laws are bigger than the HOA’s rulebook. The federal Fair Housing Act (FHA) says it is illegal to discriminate against people with disabilities. An emotional or mental health issue counts as a disability. Your ESA is the tool that helps you cope. It is just like a wheelchair or a pair of glasses.
Because an ESA is not a pet, the normal pet rules do not apply. If a building says, “Dogs must be under 20 pounds,” that rule does not apply to your ESA. If they say, “No Pitbulls allowed,” that rule does not apply to your ESA either.
Data shows that disability complaints make up the biggest share of housing problems. According to recent reports from the Department of Housing and Urban Development (HUD), over 54% of all discrimination complaints are related to a person’s disability. That includes fights over ESA and Service Animals. People are getting targeted just for needing their animals.
Can My Condo Board Deny My Pitbull or Rottweiler Because It Is on an Aggressive Breed List?
No, your condo board cannot deny your Pitbull, Rottweiler, or any other dog simply because it is on an aggressive breed list. The law requires them to look at your dog’s actual behavior, not the stereotypes about the dog’s breed.
Many people ask me this question. They are scared their landlord or HOA will kick out their sweet family dog. Here is how the “Direct Threat” rule works.
The only way a Florida HOA board can deny your ESA is if your specific dog is a direct threat to the health and safety of other people.
For example:
- Illegal: The board says, “No Pitbulls because Pitbulls bite.” (This is a breed stereotype, and it is illegal).
- Legal: The board says, “We have video of your specific dog biting a neighbor in the hallway.” (This is based on actual behavior).
If your dog has never hurt anyone or caused major damage, the board cannot ban it. They cannot look at a list from an insurance company and tell you no. Florida law (Statute 760.27) strongly protects your right to have an emotional support animal of any breed.
Why Do Condo Boards Fight So Hard?
Condo boards fight ESA requests because they do not understand the law, or they want to keep total control. Some board members think everyone is lying just to get a free pet into the building.
It is true that some people try to buy fake certificates on the internet. But under Florida law, an online certificate is not enough anyway. You need a real letter from a licensed healthcare provider who treats you. Once you give the board that letter, their job is done. They must approve the animal.
Instead of approving it, bad boards try to play games. They might:
- Ask to see your medical records. (This is illegal. They cannot ask what your exact disability is).
- Demand that your dog has special service training. (Also illegal. ESAs do not need training to do a physical task. Their comfort is the help they give).
- Ask you to pay a $500 pet deposit. (Illegal. Since an ESA is not a pet, they cannot charge pet rent or pet deposits).
In Boca Raton, Palm Beach, Miami, Fort Lauderdale, and Hollywood, we see boards make these mistakes every single day. If your property manager yells at you or sends nasty letters because of your ESA, they are crossing the line. We love representing clients in Emotional Support Animal dogs and condo owners. We know exactly how to stop the bullying.
What Should You Do If Your Breed is Denied?
If the board denies your ESA just because of its breed, you need to act fast.
- Save every email and letter. If the board writes down, “We are denying your dog because it is a German Shepherd,” they just handed you proof that they broke the Fair Housing Act!
- Do not give up your dog. Some people get so scared they think about rehoming their animal. Do not do it.
- Call an expert. At The Law Offices of Herb M. Milgrim, P.A., we step in and take the target off your back. Once the board knows you have a strong, award-winning lawyer on your side, they usually back down very fast.
We don’t just file motions or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what’s been lost — dignity, stability, or peace of mind. We have handled cases all over Hallandale and Aventura. We will fight to keep your furry best friend safe and living right there with you.
10 Common Questions Asked to Lawyers in Florida About ESA Breed Bans
- Does my HOA insurance policy override the Fair Housing Act?
No. Sometimes an HOA says, “Our insurance drops us if we allow Rottweilers.” HUD says this is not a good excuse. The board must try to find another insurance company before they try to deny your rights. Federal law beats their insurance policy.
- Can they make my ESA dog wear a muzzle in the lobby?
If your dog has never bitten anyone and is not aggressive, they cannot force your dog to wear a muzzle just because of its breed. That is treating your ESA worse than other animals.
- Do I have to register my ESA dog with the HOA?
You have to request a “Reasonable Accommodation” and show them your doctor’s letter. You might have to give them vaccination records. But you do not have to pay them a registration fee.
- Can they put a weight limit on my ESA?
No. If the building has a 20-pound limit, and your Golden Retriever is 70 pounds, your ESA is exempt from the weight limit.
- What happens if someone complains my ESA is barking?
You still have to follow standard noise rules. If your ESA barks all day and night and ruins the peace for your neighbors, the board can take action for a “nuisance.” Keep your dog well-behaved.
- Can a board ask for a doctor’s note every year?
Usually, no. If your disability is permanent, they shouldn’t keep asking you to prove it over and over. If they have reason to think the need changed, they might ask, but they can’t harass you yearly.
- Is an online certificate enough for Florida?
No! Florida passed a law that makes online “registrations” useless. You need a letter from a licensed healthcare provider who actually treats you or knows you.
- What is the penalty for lying about an ESA?
Florida takes this seriously. Falsely claiming a pet is an ESA is a second-degree misdemeanor. You could face jail time, fines, and community service. Always be honest and use a real doctor.
- Can my condo board force me to use the freight elevator?
Some boards try to make ESA owners use the dirty freight elevator. This is a tricky area, but generally, they cannot make special, unfair rules that only target people with disabilities.
- How long does the board have to answer my ESA request?
Florida guidelines say a board should answer within a “reasonable” time, usually about 10 to 14 days. If they ignore you for months, it is treated like a “no,” and you can take legal action against them for delaying.
At The Law Offices of Herb M. Milgrim, P.A., we know that your home is your safe place, and your ESA is part of your family. When a condo board tries to ruin that peace by using illegal breed lists, we step up to fight for you. We serve clients all over Fort Lauderdale, Miami, Hollywood, Hallandale, and Aventura. If your board is rejecting your ESA dog to be mean, do not fight them alone. Let us be the champion in your corner. Call us today for help