Pet Restrictions Archives - A Condo Law Firm For Consumers

Pet restrictions in condominiums can feel overwhelming and unfair. Landlords and HOAs often impose strict rules on pet ownership. These restrictions are not always legal or enforceable. Many pet owners do not know their rights in these situations. You may have more legal options than you think. The Law Offices of Herb M. Milgrim, P.A. understands how important your pet is to your life. We have the experience to challenge unlawful pet restrictions and fight for your rights. Do not let unfair rules separate you from your pet. Contact us today to discuss your case.

Jul

Are They Calling Your Dog Dangerous? How Condo Boards Use the “Direct Threat” Defense to Ban Assistance Animals

July 22, 2026usman.siddiqui52@gmail.comCondo and HOA Laws, Emotional Support Animals, Pet Restrictions

Key Takeaways: Breed does not matter. A condo board cannot ban your Emotional Support Animal (ESA) just because it is a big dog or a certain breed. The “Direct Threat” rule is strict. They can only ban your dog if it has actually hurt someone or caused real damage. They cannot ban it based on...

Jul

Are Breed Bans Legal? Why Florida HOAs Can’t Use “Aggressive Breed” Lists to Deny Your ESA

July 16, 2026usman.siddiqui52@gmail.comCondo and HOA Laws, Condominium Law, Emotional Support Animals, Pet Restrictions

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...

Jun

ESA Rights in Florida No Pet Condos: 2026 Legal Guide

June 8, 2026usman.siddiqui52@gmail.comEmotional Support Animals, Pet Restrictions

Introduction: ESA Rights in Florida No Pet Condos—What Every Condo Owner Needs to Know If you’re a Florida condo owner—especially in a building with a strict no-pet policy—understanding your rights regarding Emotional Support Animals (ESAs) is crucial. This guide is designed specifically for Florida condo owners, residents, and their families who want to protect their...

May

Understanding Florida Statute 760.27 ESA Law

May 28, 2026usman.siddiqui52@gmail.comEmotional Support Animals, Pet Restrictions

Introduction: Why Florida Statute 760.27 ESA Law Matters for Condo Owners, Tenants, and Boards Are you a Florida condo owner, tenant, or approved occupant trying to navigate the rules around emotional support animals (ESAs) and service animals? Understanding Florida Statute 760.27 and the ESA law is crucial for anyone living in a condominium in the...

Apr

Pet Restrictions and HOAs: What You Need to Know About Your Rights

April 4, 2025David BPet Restrictions

For many people, pets are more than companions—they’re family. But if you live in a condominium or community governed by a homeowners association (HOA), you may discover that bringing a furry friend into your home isn’t as simple as it should be. Strict pet policies and restrictions are common in many Florida communities, and they...

May

Problem of Fake Emotional Service Animal Registration

May 1, 2023David BEmotional Support Animals, Pet Restrictions, Service Dogs

Help from a Florida Service Dog Attorney While service dogs provide essential services to people with various types of disabilities, an increasing trend involving people claiming their emotional support animals (ESAs) as registered service animals has led to numerous problems in Florida and throughout the U.S. While service dogs qualify under the Americans with Disabilities...

Feb

2024 Guide to Florida Emotional Support Animal Law

February 28, 2022Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions, Service Dogs

There are countless benefits to having a companion animal — from the unconditional love they provide to encouraging exercise and easing loneliness. But an animal can also help to protect against cognitive decline and alleviate the symptoms associated with certain mental health conditions. In fact, emotional support animals (ESAs) provide numerous therapeutic benefits to individuals...

Nov

Therapy Dogs and Housing Pet Restrictions

November 11, 2020Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions

Many people seek comfort in the paws of a pet but may not know all the terminology for the various types of animal-owner relationships. Therapy dogs? Emotional support dogs? Service dogs? The various terms may seem like they could be interchangeable, but in reality and under the law, the status of your animal may have...

businessman hitting the table with clenched fist.

Aug

Restrictive Covenants: How Restrictive Can Your Florida HOA and Condo Board Be?

August 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions

Although Florida Homeowners Associations and Condo Associations are allowed to establish use and occupancy restrictions and rules, state and federal law provide important protections for owners against restrictions that are unreasonable, arbitrary, or discriminatory. Any “restrictive covenants” must be “reasonable and rationally related to a permissible state objective.” An experienced Florida condo attorney can assist...

Jul

Emotional Support Animals vs. Service Animals: What’s the Difference?

July 23, 2020Herb M. Milgrim, Esq.Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If you need the assistance of an animal to alleviate the symptoms or effects of a disability (or even to detect covid-19!), it is important to understand that there are different categories of assistance animals, and how your animal is defined will impact how your request for an accommodation for your animal will be treated...

Jul

The Perils of Getting an Online Support Animal Letter

July 14, 2020Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions

If you live in pet-restricted housing in Florida and are trying to get approval to keep an emotional support animal in your home, you may be tempted to use an online service. For little cost or effort you can obtain a letter stating that you are qualified to have a support animal and then submit...

Jun

What You Should Know About Hurricanes, Your Condo, and Your Emotional Support Pet

June 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

As hurricane season gets underway, there are a number of important preparedness steps Floridians should be taking. Creating or updating your family disaster plan, stocking your home and car with emergency supplies, collecting important documents (emergency phone numbers, insurance information), and preparing for a possible evacuation order, are just a few key elements of Florida...

Person Videochatting With Doctor On Mobile Phone

Jun

Telehealth and Emotional Support Animals

June 22, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Pet Restrictions, Service Dogs

The coronavirus health crisis has impacted all of our lives in ways large and small. As the country continues to deal with the pandemic, we are experiencing a new normal. We are working from home, meeting our friends and family for virtual get-togethers, and many of us have been introduced to telemedicine for the first...

Apr

Florida Senate Passes Bill Criminalizing Misrepresentation of Need for Comfort Pet

April 29, 2020Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions, Service Dogs

Last month, the Florida Senate unanimously passed a bill targeting people who misrepresent their need for an emotional support animal in housing like condominiums and rental buildings. The bill makes it a second-degree misdemeanor, punishable by up to sixty (60) days in jail and/or a $500 fine, as well as community service, to submit false...

Mar

How to Find Out if the Florida Condo You Want to Buy is Pet-Friendly

March 11, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

If you are looking to buy a home in a pet-friendly condo, be sure to check the rules of the condo or homeowner’s association (HOA). There are likely to be restrictions on the kind of pets you can bring, where they can go within the community, and how they are expected to behave. As a...

Feb

HUD Issues New Guidance on Support Animals

February 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) released guidance on the process of requesting an accommodation under the federal Fair Housing Act (FHA) for a comfort pet. The previous guidance put out by HUD (FHEO-2013) is now replaced with this new guidance report. The FHA provides that disabled persons...

Dec

Liability of Individual HOA Board Members for Fair Housing Violations

December 23, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If your request for a reasonable accommodation from your Florida condo association has been denied (such as a request to keep an emotional support animal or service dog in your pet-restricted condo), you may have a viable claim that the association has violated the Fair Housing Act (FHA). The FHA prohibits discrimination against disabled residents...

Nov

How Do I Get My Therapy Pet Approved in Restricted Housing

November 25, 2019Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions, Service Dogs

If you suffer from a psychiatric disability and rely on your therapy pet to alleviate your symptoms, you may face resistance from a condo association or HOA with a “no pets” policy. Because use of “emotional support” animals to treat psychiatric disorders is not as well understood as, for example, the use of service dogs...

Oct

How to Get Accommodation for Comfort Pets in Florida Condos

October 24, 2019Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions, Service Dogs

If you have a comfort pet you wish to bring to your pet-restricted Florida condominium, you can make a formal request to your association. Federal law allows condo owners with disabilities to seek accommodation for a comfort dog or other pet, referred to as an “emotional support animal.” The Fair Housing Act prohibits discrimination against...

Oct

Federal Government to Provide Guidance on Verification Requirement for Emotional Support Animals

October 3, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

The law allows people with disabilities who wish to keep their emotional support animals (“ESAs”) in their Florida condos to seek a reasonable “accommodation” from their associations. Key to the success of your request will be knowing what information you need to provide when you request an accommodation and how to be sure that the...

Oct

Changes to Florida Laws on Service Dogs and Emotional Support Animals

October 25, 2018Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions, Service Dogs

Many Florida Condominium Associations have made it increasingly more difficult for individuals with assistance animals like Service Dogs and Emotional Support Animals. Contrary to both State and Federal Laws, some Associations have refused to allow Emotional Support Animals and will only allow individuals with Service Dogs. The main differences between Service Dogs and Emotional Support...

Oct

Is a Doctor’s Letter Enough For a Waiver in No Pet Condo?

October 1, 2018Herb M. Milgrim, Esq.Emotional Support Animals, Pet Restrictions, Service Dogs

If you have ever walked around any of the high end shopping malls like the Bal Harbor Shops, Aventura Mall, Town Center Mall in Boca Raton, or the exclusive Waterside Shops in Naples, you can’t help but notice many people with their cute little dogs walking around the Mall or in these cute little baby...

Aug

Emotional Support Animals and Service Animals in Condominiums and Homeowner Associations

August 30, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

I have been getting a considerable amount of calls lately from Condo owners and Homeowners here in Fort Lauderdale, Miami, Aventura, Naples, Sunny Isles and Boca Raton. The majority of the calls are from individual owners concerned about various Condo Pet Rules and HOA Rules restricting their ability to keep pets as well as Assistance...

Jul

Fort Lauderdale Condo Lawyer Representing Owners Discusses Condo Board Rule Making Authority

July 15, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions

As a Florida Attorney with offices near Miami, Aventura and Fort Lauderdale, I have seen many examples of Condominium and Homeowner Association Boards operating illegally. One of the most prevalent abuses is Association Boards enacting Rules outside the scope of their authority. Many Condominium Associations and Homeowners Associations in Florida have a provision in their...

May

Fort Lauderdale Condo Lawyer Discusses Condo Pet Rules & Restrictions?

May 31, 2018Herb M. Milgrim, Esq.Pet Restrictions

I recently received a call from a woman residing at an over 55 Community like Century Village Condominium here in South Florida. She was being told by her Association to get rid of her dog or face legal action. Despite the fact that she had a documented disability and a letter from her Doctor attesting...

Apr

Emotional Support Animals Are Not Fake! They are as real as our emotions.

April 12, 2018Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

I am sure many of you have been reading the recent articles in our newspapers dealing with Service Animals and Emotional Support Animals. Many of these news articles appear to be one sided trying to paint a picture that the majority of claims out there are fraudulent attempts to get by Association Pet Restrictions or...

Oct

Condo Attorney Representing Owners Discusses Emotional Support Animals and Service Dogs

October 16, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If you have a Service Dog or Emotional Support Animal and your Association is questioning your need or simply conducting a reasonable inquiry you should consult with an Attorney before responding.

Oct

Condo Pet Restrictions and Service Animals

October 14, 2017Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

As a Florida Attorney that represents Condo Owners and Homeowners that have disputes with their Associations I hear many stories of about how owners have been damaged by the actions or inactions of their Associations. I usually only hear the bad. As an experienced Trial Attorney I know that it is my job to listen...

Mar

Good News for Florida Condo Owners and Homeowners

March 31, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions, water damage

According to Jan Bergemann, President of Cyber Citizens For Justice, The new version of H5005 to be approved … shows that all provisions regarding the removal of license requirements for community association managers (CAMs) and all wording regarding dissolving the Division of Florida Condominiums, Timeshares and Mobile Homes and the Condo Ombudsman’s Office have been removed. Thank...

Feb

Fort Lauderdale Condo Lawyer Believes Strongly in Owners Right to an Emotional Support Animal or Service Dog

February 3, 2017Herb M. Milgrim, Esq.Pet Restrictions

As an experienced Trial Attorney with offices near Fort Lauderdale, Miami and Aventura, I have helped many Condo Owners and Homeowners resolve disputes that they have with their Associations, Board Members, Property Managers and with other owners. I have handled all types of cases from water and mold damage due to association failure to maintain...

Jan

Can Condo and HOA Boards Change Use Restrictions Without Owners’ Vote?

January 13, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

Many of us in Florida live in Condominiums and Homes governed by Associations. These Associations are typically run by Board Members that we elect to run our development. What happens when the Board tells us that we can’t have dogs over a certain weight, that our teenagers can’t use the common Gym unless they have a...

Jan

Emotional Support Animals and Service Dogs

January 5, 2017Herb M. Milgrim, Esq.Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

The title of this article is Emotional Support Animals and Service Dogs. Of course many of you know that I am a Florida Attorney that represents condo owners and homeowners that have disputes with their associations. I handle all types of cases including condo pet restrictions, mold and water damage cases and cases dealing with 55...

Jun

CONDO ASSOCIATION PET RESTRICTIONS (part 3 of 3)

June 30, 2010Herb M. Milgrim, Esq.Condo and HOA Laws, Pet Restrictions

The Law Offices of Herb M. Milgrim, P.A. is a Florida Law Firm that specializes in representing Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association. We provide prospective clients with a Free Case Evaluation. Once we have been retained we review all of the...

Jun

FLORIDA LAWYER REPRESENTING CONDO OWNERS DISCUSSES ASSOCIATION PET RESTRICTIONS (part 2 of 3)

June 8, 2010Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? (The following is the second of three parts. The first part discussed pets that are actually “service animals” protected by the Fair Labor Housing Act. This second second part discusses “emotional support” animals and the third...

May

A FLORIDA ATTORNEY THAT REPRESENTS CONDO OWNERS’ DISCUSSES ASSOCIATION PET RESTRICTIONS (part 1 of 3)

May 27, 2010Herb M. Milgrim, Esq.Condominium Law, Pet Restrictions

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? For many of us our pets are like members of the family so this can be a very traumatic and difficult decision to deal with. Before you attempt to take on your Condominium Association by...

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