Can my HOA refuse because the declaration says no pets?

Not on that alone. The covenant is the policy that a granted accommodation is an exception to, in the same way a lease clause is.

Can they publish my request in the minutes?

Boards should handle it confidentially, and you can supply documentation that establishes the need without the diagnosis. Say in writing that you expect it to be treated confidentially.

Emotional support animals in condos and HOAs

Housing situationsLast reviewed Sep 15, 2026

Owning the unit changes who you are arguing with, not what the standard is.

Boards are covered

A condominium association or homeowners association that sets rules about who may live in a dwelling and on what terms is subject to the Fair Housing Act. A no-pets covenant in the declaration is a policy, and the reasonable accommodation duty applies to it in the same way it applies to a lease clause.

One thing to hold in mind throughout: HUD rescinded its 2020 assistance animal guidance on 22 May 2026 and now finds reasonable cause only where an animal is individually trained to perform work or tasks. The Fair Housing Act itself is unchanged and the private right of action is unchanged, but the administrative route that used to make these arguments easy has narrowed.

What is different in practice

The decision maker is a volunteer board, often without counsel, which makes outcomes less predictable in both directions.
A board may treat the request as a variance, with a meeting, minutes and sometimes a vote. That process is not a legal requirement and it must not become a way of delaying the answer indefinitely.
Privacy is a real problem. Documentation handed to a board circulates further than documentation handed to a letting agent, and you are entitled to give the minimum: that a disability exists and that the animal is needed, without a diagnosis.
Fines are the usual pressure point. An association that fines while a request is pending is in a worse position than one that decides it.

Rental units inside an association

If you rent a condo, both the owner and the association can have a say, and both are covered. The request usually has to go to the association through the owner, and the owner cannot use the association as a reason not to engage with it.

Common questions

Can my HOA refuse because the declaration says no pets?: Not on that alone. The covenant is the policy that a granted accommodation is an exception to, in the same way a lease clause is.
Can they publish my request in the minutes?: Boards should handle it confidentially, and you can supply documentation that establishes the need without the diagnosis. Say in writing that you expect it to be treated confidentially.