When a Florida Condo or HOA Board Says No to Your Animal
Florida has more condominium and association-governed homes than almost anywhere, and many of them cap pets by weight, breed or number. Those rules are lawful for pets. For an assistance animal, the board has to consider an exception, and state law limits what it may demand before deciding.
The Florida case boards cite
- Case
- Bhogaita v. Altamonte Heights Condominium Association
- Court
- U.S. Court of Appeals, 11th Circuit, 2014
- Rule
- No dogs over 25 pounds
- Problem
- Repeated demands for more information, and delay
- Outcome
- Verdict against the association upheld
Three Chapters Run the Association, One Decides the Animal
Florida governs associations through separate chapters of its statutes. None of them is where the animal question is settled.
Is the Board Asking Too Much?
Tick everything the association or its manager has asked you for. The panel sorts each item against Florida Statute 760.27.
The Case Every Florida Board Should Know
Bhogaita came out of a condominium in Altamonte Springs, and it is still the case Florida lawyers reach for when a board stalls.
- The association had a rule against dogs over 25 pounds. An owner with post-traumatic stress disorder asked to keep his larger dog as an emotional support animal.
- His psychiatrist sent letters. The association kept asking for more, and more detail, instead of deciding.
- The appeals court agreed that dragging it out that way can amount to a refusal, and upheld the jury's verdict for the owner.
- Florida's 2020 statute now spells out the limits on what may be requested, which makes the lesson harder for a board to miss.
Weight Caps, Breed Lists and Animal Counts
These are the three pet rules that collide with accommodation requests most often in Florida associations.
Weight caps
Common in high-rise condos, often 20 to 30 pounds. For an approved assistance animal, the cap is the rule the request asks the board to waive.
Breed lists
Florida's 2023 change barred breed rules in local ordinances and public housing, not in private associations. The accommodation request is what reaches a board's list.
Animal counts
A one-pet limit can also be adjusted, but Florida lets the board ask about the specific need for each animal separately.
Owners and Tenants Ask Differently
Who you are in the building decides where the request goes first.
If you own the unit
Your request goes to the association, usually through its management company. The board is the housing provider that decides.
Ask when the board next meets and whether the item can go on that agenda, so the decision has a date.
If you rent from an owner
Your landlord is a housing provider, and so is the association whose rules bind the unit. Both have to consider the request.
Send it to the owner in writing and ask them to forward it to the manager. One request, one date, two recipients.
Fines Need a Hearing First
Florida gives owners real procedural protection against fines, in both the condominium and HOA chapters. A board cannot simply start billing you for the animal.
In HOAs the hearing must be held within 90 days of the notice, and an approved fine gets a payment date at least 30 days out. A condominium fine may not become a lien on the unit.
Lobbies, Elevators and Grounds
An approval changes the pet rule, not the building's ordinary conduct rules. These still apply to every animal.
The 2026 Federal Change, From a Boardroom
Management companies circulated HUD's May 2026 memo quickly. What it does and does not change for a Florida association:
Writing to the Board or Manager
Keep it short. A board acts faster on a one-page request than on a file.
Documentation Your Board Will Accept
Live prices. Our letters come from Florida-licensed clinicians, one of the sources Section 760.27 lists. The screening is free.
Processing: 24-48 Hour
Bring This to the BoardCondo and HOA Questions
Can a Florida condo association ban my emotional support animal?
It cannot simply apply a pet ban to a genuine accommodation request. Florida's statute on emotional support animals covers any person or entity whose conduct the federal Fair Housing Act reaches, and courts have long applied that Act to condominium and homeowners' associations.
What can my HOA ask for before approving an ESA?
Reliable information about the disability-related need when it is not obvious, information for each animal if there is more than one, and proof of licensing and vaccination. It may not ask for a diagnosis, medical records, its own form or a notarized statement.
My condo has a 25-pound weight limit. Does it apply to my ESA?
A weight limit is exactly the kind of rule an accommodation asks the board to set aside. In Bhogaita v. Altamonte Heights Condominium Association, a Florida case involving a 25-pound limit, the federal appeals court upheld a verdict against the association.
Can a Florida association fine me while my request is pending?
A condo or HOA fine needs at least 14 days' written notice and approval by a committee of at least three owners who are not board members or employees. Fines are capped at $100 per violation. Object in writing and point to the date of your request.
I rent a condo unit. Who do I ask?
Your landlord, who is the unit owner, and through them the association. Both are housing providers for this purpose. Send one written request and ask the owner to forward it to the manager, so there is a single dated record.
Did the 2026 HUD change affect condo boards?
It narrowed federal enforcement for untrained animals. Florida's own statute still governs what an association may ask and charge, and trained service animals remain inside HUD's enforcement.
Beyond the Association
General information for Florida owners and renters, current as of September 2026, based on Florida Statutes 760.27, 718.303 and 720.305 and the published Eleventh Circuit decision in Bhogaita (2014). Declarations and bylaws differ, and this page cannot tell you what yours says. Not legal advice. An evaluation can end without documentation. In a crisis, call or text 988.
Ahead of the Next Board Vote
Start the free screening so the documentation is ready when the request reaches the agenda.
