Can an HOA limit the size or type of pet a homeowner may have?
Yes, Homeowners Associations (HOAs) in Washington can limit the size and type of pet that a homeowner may have. According to the Washington State Office of the Attorney General, it is legally permissible for HOAs to set regulations regarding animals, including limiting their size and type. In Washington, the Washington State Law RCW 64.38.030(2) states that an HOA can adopt rules governing the keeping of animals “if reasonable and rationally related to the purpose of the association and the maintenance of the property.” This means the HOA is able to regulate any characteristics of animals, such as size and type, as long as the regulation is “reasonable and rationally related” to the HOA’s purpose and the maintenance of the property. When creating a policy regarding the size and type of pet that homeowners may have, the HOA must consider the specific purposes it is trying to achieve. HOAs can also choose to make exceptions and allow certain pets on a case-by-case basis. It is important to note that there are state and local laws that may regulate the type or size of animal a person can own. Therefore, homeowners should check with their local government to ensure that their HOA’s pet policy does not violate any state or local laws. Homeowners should also read through their HOA’s pet policy carefully to make sure they are aware of the regulations and know what pets they are legally allowed to own.
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