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 can create serious conflicts between pet owners and HOAs.
At The Law Offices of Herb M. Milgrim, P.A., we understand how frustrating and emotional this issue can be. As a seasoned Florida condo attorney who represents condominium and HOA consumers—not associations—Herb Milgrim has helped many clients resolve disputes involving Florida pet restrictions and fight for their right to keep a beloved animal companion in their home.
In this post, we’ll break down what you need to know about HOA pet restrictions and how a skilled attorney like Herb Milgrim can help protect your rights.
Understanding HOA Pet Restrictions
Most HOAs and condo associations in Florida have rules and regulations regarding pets. These rules can vary widely but often include:
- Breed restrictions (e.g., banning Pit Bulls or Rottweilers)
- Weight limits (e.g., dogs must weigh under 25 pounds)
- Number of pets allowed
- Pet registration requirements
- Rules about pet behavior (e.g., barking, leashing, or where pets can be walked)
Sometimes, these restrictions are clearly spelled out in the community’s governing documents. Other times, boards adopt new rules that can catch residents off guard. In some cases, enforcement can even appear arbitrary or discriminatory, especially when some residents are allowed to keep pets while others are not.
Do You Have Any Legal Rights?
Yes—residents have legal rights when it comes to pet ownership in an HOA or condo setting. In Florida, challenges to pet restrictions often revolve around the following key issues:
- Grandfathering Rights
If you owned a pet before the association adopted a pet restriction, you may have a legal right to keep your pet under a “grandfather clause.” However, enforcing this right often requires legal interpretation of the documents and history of enforcement.
- Selective Enforcement
If the HOA is allowing some residents to violate pet restrictions while enforcing them against others, this could be grounds to challenge the rule under the principle of selective enforcement.
- Reasonable Accommodations
Under the Fair Housing Act, individuals with disabilities are entitled to keep emotional support animals (ESAs) or service animals—even in communities that have a “no pets” policy. However, you must follow specific procedures to request a reasonable accommodation.
How Herb Milgrim Can Help
Attorney Herb Milgrim has more than 30 years of experience representing condominium and HOA homeowners in Florida. At The Law Offices of Herb M. Milgrim, P.A., we don’t represent associations—we represent YOU, the consumer.
If you’re facing a dispute with your HOA about a pet, here’s how we can help:
- Reviewing Governing Documents: We’ll carefully analyze your condo or HOA’s bylaws, rules, and amendments to determine the legal foundation of the pet restriction.
- Investigating Enforcement Practices: We can investigate whether the association has enforced the rule fairly and uniformly.
- Negotiating with the Board: In many cases, we can work directly with the association’s attorney or board to find a reasonable compromise.
- Filing a Legal Claim: If negotiation fails, we can represent you in court or before an administrative agency to challenge the restriction or defend your right to keep your pet.
- Assisting with ESA/Service Animal Claims: If your pet provides emotional support or serves as a service animal, we can help you obtain the documentation and submit a proper request for reasonable accommodation.
Herb Milgrim takes pride in providing compassionate, knowledgeable legal services tailored to each client’s unique circumstances. Your home—and your pet—are worth fighting for.
Why Choose The Law Offices of Herb M. Milgrim, P.A.?
When you’re facing off against an HOA or condo association, you need an attorney who understands the complex intersection of property law, contract law, and civil rights. That’s where The Law Offices of Herb M. Milgrim, P.A. excels.
We are committed to advocating for Florida homeowners who are being treated unfairly by their associations. Our goal is to protect your rights, preserve your home life, and give you peace of mind.
Whether you’re dealing with Florida pet restrictions, an unreasonable board, or need guidance on your HOA’s rules, Herb Milgrim is ready to help.
Don’t Wait—Contact a Florida Condo Attorney Today
If your HOA is threatening to evict your pet, fine you, or otherwise restrict your rights, don’t wait until it’s too late. Pet restrictions can have serious consequences for your family, and having an experienced advocate on your side can make all the difference.
Contact The Law Offices of Herb M. Milgrim, P.A. today for a consultation. As a trusted Florida condo attorney, Herb Milgrim is here to help you navigate your dispute and protect what matters most.
Call us now at 954-966-3909 to learn more about how we can help.