My HOA bans pets over 40 lbs. Is that legal?

HOA pet size restrictions generally must be waived when a resident has a legitimate service or assistance animal under the Fair Housing Act, which requires housing providers to make reasonable accommodations for people with disabilities. Courts have consistently ruled that allowing assistance animals—even in communities with strict pet rules or bans—is a reasonable accommodation if the animal is necessary for the resident’s use and enjoyment of their home. Because of this, weight or breed limits in HOA documents are often overridden when the animal is related to a disability. Although federal guidance on these issues was withdrawn in 2025, legal experts believe courts would likely still favor allowing assistance animals even if they exceed size restrictions.

Read More: Packerswire