When an owner, tenant, or resident asks to keep an emotional support animal (ESA), the association is acting as a housing provider. Under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)), § 760.23(9)(b), Fla. Stat., and § 760.27, Fla. Stat., it must consider the request as a reasonable accommodation, even under a no-pet or weight-limit rule. The association may request reliable information when the need is not apparent, but it may not demand a diagnosis or medical records, and it should not deny a request without association counsel.
The manager's checklist
- Treat it as an accommodation request, not a pet application. A request does not have to use the association's form or magic words. Under § 760.27(3)(b), the association may not require a specific form or a notarized statement, or deny a request solely because the person didn't follow the routine method.
- Log the date received and acknowledge it promptly. Florida's statute sets no deadline, but the HUD/DOJ Joint Statement on Reasonable Accommodations (Question 15) warns that undue delay may be treated as a denial. Calendar a follow-up so the request does not sit between board meetings.
- Send it to the board and association counsel. Share only what decision-makers need (see step 7). The board, with counsel, decides; the manager supports the process.
- If the disability or need is obvious, don't ask for documentation of it. Section 760.27(2)(b) and (2)(c) allow information requests only when the disability, or the disability-related need for the animal, is "not readily apparent."
- If it isn't obvious, request reliable information in the categories the statute allows. Under § 760.27(2)(b), that can include a government disability determination, receipt of disability benefits, eligibility for disability-related housing assistance, or information from a licensed health care practitioner. An out-of-state practitioner qualifies only if he or she has personal knowledge of the person's disability and has provided in-person care or services at least once (§ 760.27(2)(b)4.). Under § 760.27(2)(c) the association may ask what assistance the animal provides, and under (2)(d) it may ask about the need for each animal when more than one is requested.
- Do not ask for the diagnosis, severity, or medical records (§ 760.27(3)(a)). The person may volunteer them. Flag any online "registration" for counsel: under § 760.27(3)(c), an ID card, patch, certificate, or similar registration obtained from the Internet is not, by itself, enough.
- Keep the file confidential. Store disability-related information separately from the general unit file. Medical records of owners are not open to owner inspection: § 718.111(12)(c)5.e. (condos), § 720.303(5)(g)5. (HOAs), and § 719.104(2)(c)4. (co-ops). The Joint Statement (Question 18) also says the information should be shared only with people who need it to decide the request.
- Don't charge pet fees or deposits. Section 760.27(2) says the person "may not be required to pay extra compensation" for the animal. The person is still liable for damage the animal causes (§ 760.27(4)).
- Route any proposed denial through counsel. A request may be denied if the animal poses a direct threat to the health or safety of others, or of physical damage to others' property, that another reasonable accommodation can't reduce or eliminate (§ 760.27(2)(a)). That is a legal judgment, made on the specific animal.
- Document the decision and any conditions, and send the written response the board approves.
How it differs: condo, HOA, co-op
| Issue | Condominium (ch. 718) | HOA (ch. 720) | Cooperative (ch. 719) |
|---|---|---|---|
| Fair Housing Act / § 760.23 / § 760.27 apply | Yes | Yes | Yes |
| Pet rules in governing documents override the accommodation duty | No | No | No |
| Medical records exempt from owner inspection | § 718.111(12)(c)5.e. | § 720.303(5)(g)5. | § 719.104(2)(c)4. |
| Who usually decides | Board, with counsel | Board, with counsel | Board, with counsel |
The documents can change process (who reviews, how requests are submitted), but they cannot reduce the rights the fair housing laws provide.
Manager or lawyer?
Usually manager work (ministerial)
- Logging the request, acknowledging receipt, and calendaring follow-up.
- Sending a board-approved information request to the resident.
- Keeping the confidential file and limiting who sees it.
- Delivering the board's written decision.
Call association counsel when…
- The board is leaning toward denial or conditions.
- Documentation looks like an online registration or comes from an out-of-state provider.
- There are multiple animals, a breed or size concern, or a bite or nuisance complaint.
- The resident files, or threatens to file, a complaint with HUD or the Florida Commission on Human Relations.
Interpreting fair housing law to reach a decision is the practice of law, not ministerial work (The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015)).
Common mistakes
- Sending the standard pet application, pet fee schedule, or weight-limit rule in response.
- Asking "what is your diagnosis?" or requesting medical records.
- Rejecting a letter because it isn't on the association's form or isn't notarized.
- Letting the request wait until the next quarterly board meeting with no acknowledgment.
- Circulating the resident's documentation to the whole board email list or committee.
- Assuming that because HUD withdrew its 2020 notice, the rules no longer apply.
Frequently asked questions
Can our no-pet rule be enforced against an emotional support animal?
Not automatically. A reasonable accommodation is an exception to a rule or policy, and § 760.23(9)(b), Fla. Stat., treats refusal to make a necessary accommodation as discrimination. The association evaluates the request; it does not simply apply the pet rule.
Is an online ESA certificate enough?
By itself, no. Section 760.27(3)(c) says an online registration, ID card, patch, or certificate "is not, by itself, sufficient information to reliably establish" disability or need. The association may request reliable information in the categories listed in § 760.27(2)(b).
Can we charge a pet deposit or pet fee for an ESA?
No. Section 760.27(2) bars requiring extra compensation for the animal. The resident remains liable for any damage the animal does to the premises or to others (§ 760.27(4)).
What if we think the documentation is fake?
Talk to counsel before acting. Falsifying ESA documentation, or knowingly misrepresenting a disability-related need, is a second-degree misdemeanor under § 817.265, Fla. Stat., but the association's job is to evaluate the request in good faith, not to accuse.
HUD withdrew its assistance-animal guidance. Does that change anything?
HUD withdrew FHEO Notice 2020-01 on September 17, 2025. The withdrawal memo notes guidance never created obligations beyond the law itself; the Fair Housing Act and § 760.27 still govern. Associations should keep following a careful, documented process.
Related resources
- Manager or lawyer? Where the line falls
- An owner asked for association records
- From violation notice to fine
- Records retention checklist
- Condominium law · HOA law · Cooperative law
- Board resources
Talk to association counsel
Accommodation requests are easiest to get right at the start, before a decision letter goes out. If your association has received an ESA request, call Hamilton Mikes, P.A. at 239-594-7227 or reach us through /contact/.
Statutes and authorities referenced
- 42 U.S.C. § 3604(f)(3)(B) (federal Fair Housing Act, reasonable accommodations)
- § 760.23(9)(b), Fla. Stat. (refusal to make reasonable accommodations)
- § 760.27, Fla. Stat. (emotional support animals)
- § 817.265, Fla. Stat. (misrepresentation of ESA need)
- § 718.111(12)(c)5.e., Fla. Stat. (condo medical records not open to owners)
- § 720.303(5)(g)5., Fla. Stat. (HOA medical records not open to members)
- § 719.104(2)(c)4., Fla. Stat. (co-op medical records not open to owners)