Florida HOA Lawyer Blog
On October 1, 2023, a groundbreaking legislative decision will take effect, ending the ban on pit bulls and other prohibitions in Florida that restrict dogs based upon breed, weight or size. With this new development, many community associations that previously relied on local ordinances to restrict ownership of specific dog breeds such as pit bulls will need to consider making changes to their governing documents should they wish to continue enforcing such restrictions.
Florida’s decision to no longer ban specific breeds marks a significant shift in pet ownership policies within the state. For years, pit bulls have been a breed targeted by various community associations due to perceived safety concerns, leading to their exclusion from many communities. However, this legislation disallows public housing authorities from establishing regulations that target specific breeds, weights, or sizes. It is important to note that public housing authorities may still address any welfare or safety concerns caused by attacks on a person by a domestic animal.
Before October 1, 2023, community associations that wish to maintain their prohibition of pit bulls will need to amend their governing documents to include specific language regarding specific animals or breeds. Some associations already have such restrictions in place, but many rely on local ordinances to enforce dog breed bans, which will no longer be valid once the state law comes into effect.
Community resident Andy Ghelerter tells the station’s reporter that for him the geese have only presented a minor traffic issue when they are slowly waddling across the streets. The story also includes an email from the HOA to one of the residents indicating there is not much it can do, as the geese are a protected species and a majority of the HOA’s members voted against destroying the eggs and nests. The association has also instructed all the homeowners and residents not to feed the geese, calling them an “environmental hazard to the area.”
A fellow neighbor and homeowner in The Crossings at Grand Haven in Palm Coast, Barton Kaplan tells the station that the hogs have been an ongoing issue, and the problem has now become out of control.
Chapman tells the newspaper that chicken ownership had not been a problem until fairly recently when the new board of directors decided to make it one. He says the board has begun its efforts by limiting the size of backyard chicken coops. One resident was ordered to reduce the size of her coop and lower its roof to no higher than six feet, even though Chapman has been allowed to keep his at seven feet. He says the new board president has stated he wishes to ban chickens in the community, and a Nov. 8 meeting has been scheduled on the issue.
It is important to keep in mind that the in-person requirement is only for establishing the disability, not for establishing the need for an animal. Housing providers may establish a routine method for receiving and processing ESA requests. However, they cannot require the use of any specific forms, deny a request solely because the resident did not follow their methods, or request information that discloses the diagnosis or severity of the resident’s disability.
