Animals & Pets

November 6, 2025

How Well Do Your Restrictive Covenants Define Household Pets? Guidelines for Illinois Community Associations

Lions and Tigers and Bears, Oh My! Not All Animals Will be Considered Household Pets Under Illinois Law. Not all condominiums and common interest communities permit owners to have pets. In fact, some community associations have no pet policies in place. However, when a condominium or common interest community association does allow owners to have pets, the pet policy contained…
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March 6, 2025

Emotional Support Animals: Balancing Reasonable Accommodations and Access Restrictions

Navigating the complexities of reviewing and responding to requests for an emotional support animal can be challenging enough but the difficulty in responding to the requests can be further heightened in community associations that prohibit certain animals or prohibit the presence of animals altogether. How can a community association respond to a request for an emotional support animal while also…
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February 3, 2020

The Top 3 Things You Must Know About HUD’s New Guidance on Assistance and Emotional Support Animals

On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals.  HUD estimates that 60% of all Fair Housing Act complaints relate…
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April 4, 2019

HOA Violates the Fair Housing Act by Denying a Service Animal Clubhouse Access

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association.  Based upon the facts of the case, the court determined that the homeowners association…
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January 12, 2015

Emotional Support / Companion Animals – Are People Claiming Disabilities to Get Around Pet Restrictions?

In the past 5 years, community living associations, such as condominiums, co-operatives and homeowner associations, are increasingly being inundated with requests for accommodations for emotional support and companion animals.  Many board members and co-owners feel that their neighbors are claiming a disability simply to get around pet restrictions in their communities.
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