Issues Concerning Homeowner’s With Disabilities in Terms of HOA and Service Animals


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I am a disabled person Researching the Subject of Homeownership. I am evaluating options/ programs for the Disabled. My Question/ Concern is this:

HOA’S(lots of bad press and relative materials) I have service animals and for years Public Housing has fought tooth and Nail… What are my Rights to accomadate, Do I have any legal Recourse if anything should arise.( I am paying money for what?) If I am paying fees, dues or whatever they call them Does that not give me any Recourse?”The customer is always right?” Right?

With all info it seems I should save money and stay where I am at. I don’t want problems just my own Home My way my Rules. The HOA’S seem scary what is Legal in AZ(Tucson)?”

Question: I can’t speak to Arizona law specifically, but the Americans with Disabilities Act is Federal law, which preempts state law. If your service animals are a “reasonable accommodation” (as that term has been defined by the courts), then you would be able to have them. If not, then you would have to look to your local law.