In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how service animals are not pets under the law—and what your HOA can and cannot legally demand from you.
Under both federal and California fair housing laws, service animals are assistive devices—like a wheelchair—and they’re protected. This includes dogs and, in some cases, miniature horses.
Your HOA is legally allowed to ask only two questions:
✅ Is the animal required because of a disability?
✅ What work or task has it been trained to perform?
Your HOA CANNOT:
❌ Demand a doctor’s note.
❌ Demand to know the nature of your diagnosis (or even what your diagnosis is).
❌ Require you to register your animal with a third party.
❌ Charge you extra pet deposits or “processing” fees.
Your HOA can, however, require your service animal to be under control at all times. That usually means leashed or harnessed—unless your condition or the animal’s task makes that impractical. In that case, you must maintain control through voice or signal commands.
To be clear, the only time your HOA can enforce anything related to your service animal is if you fail to pick up the animal’s excrement, or its aggressive, roams the community freely, or barks excessively. That’s it.
⚠️ Important: Under California Penal Code § 365.7, it’s a misdemeanor to falsely claim an animal is a service animal. So don’t lie.
So, if your HOA is overreaching or inventing rules to instill controls over your service animal, call MBK Chapman.
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Disclaimer:
This content constitutes attorney advertising.
The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.
This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
About:
Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the
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