Our declaration says no pets and the members voted for it.

A covenant is a policy, and the accommodation duty is precisely a duty to make exceptions to policies. A membership vote cannot contract out of a federal statute.

Accommodation requests for community association boards

For landlordsLast reviewed Sep 15, 2026

Written for board members, who usually discover this duty while already in the middle of a dispute.

You are a housing provider

An association setting 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 exactly as it applies to a lease. Being a volunteer board changes nothing about the obligation.

The mistakes boards make

Treating it as a variance requiring a vote at the next quarterly meeting. A request needs a prompt answer, and a three-month gap is a constructive denial.
Fining while the request is undecided. That is enforcement of the very covenant that has been asked about.
Discussing the request in open session or recording the reasons in circulated minutes. Record the decision, not the medical basis.
Asking the owner to present their case to the membership, which no housing provider gets to require.
Deciding by what the neighbours think. Preference is not a ground.

Personal exposure

Directors and officers cover varies, and fair housing claims are not always covered. Individual board members have been named in these claims. That is a reason to follow a process and take advice, not a reason to be frightened into refusing, which is what generates the claim.

A workable process

Delegate to the managing agent or a designated officer so a decision does not wait on a meeting.
Acknowledge in writing within a week.
Ask for the two facts only, in writing.
Decide in writing with reasons, and record the decision in the minutes without the reasons behind the disability.
Take advice before any refusal. It is cheaper than the alternative and boards rarely regret it.

Common questions

Our declaration says no pets and the members voted for it.: A covenant is a policy, and the accommodation duty is precisely a duty to make exceptions to policies. A membership vote cannot contract out of a federal statute.