How should an HOA board handle a reasonable accommodation request?

By OurHOA · General information · Revised September 24, 2026

How an HOA board handles a reasonable accommodation request: spotting it, what it may ask, deciding promptly, the written decision, records, and TX, FL and CO law.

Part of the HOA board handbook: residents and communication.

The short answer

Treat any request to bend a rule because of a disability as a formal request, even if it arrives as a hallway comment. Log it the day it comes in, hand it to one director, and acknowledge it in writing within a few days. If the disability or the need is not obvious, ask only for reliable information that the person has a disability and how the requested change relates to it. Decide promptly, put the decision in writing, and if the answer is no, offer to talk about an alternative that would work. Keep the file confidential. The federal Fair Housing Act, 42 U.S.C. 3604(f)(3)(B), makes it unlawful to refuse a reasonable accommodation in rules, policies, practices or services when one may be necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling, and courts have applied it to homeowners and condominium associations. Texas and Colorado have the same rule in state law, and Florida's fair housing chapter adds documentation rules for emotional support animals. This guide covers the board's process. It is general education, not legal advice, and a board leaning toward denial should talk to fair housing counsel first.

Recognize the request when it arrives

Most requests do not say "reasonable accommodation." The 2004 Joint Statement on Reasonable Accommodations from HUD and the Department of Justice says a request is made whenever a resident makes clear they want an exception, change or adjustment to a rule, policy, practice or service because of a disability. The resident does not have to mention the Act, use any particular words or put it in writing, and a family member or someone else can ask for them. Common examples in a community association: keeping a dog over the weight limit, a reserved parking space near the door, extra time to comply with a landscaping rule, permission to park a wheelchair van in the driveway, or notices in large print. The Joint Statement also says a provider may prefer a form but must still consider a request that skips it. So adopt a simple form as a convenience, and train every director that an oral request goes to the point person the same day. Physical changes such as a ramp are reasonable modifications, a related but different rule covered in our guide on whether an HOA can deny a wheelchair ramp or accessibility modification.

Set up intake before the first request

Name one director, usually the secretary or the president, as the point person, and a backup. Keep a request log with the date received, who asked, what rule is involved and each later step, but no medical details. Keep the supporting documents in a separate file that only the point person and the directors who will decide can open, never in the general board email thread or the owner's account notes. The Joint Statement says disability information a provider collects must be kept confidential and shared only with people who need it to make or assess the decision, or when the law requires disclosure. Write a one-page procedure the board adopts by resolution, and post the form with the rest of the association's documents. The procedure should say that no one has to use the form, that the association charges no fee to consider or grant a request, and who to contact.

What the board may ask for, and what it may not

If the disability and the need are obvious or already known, such as a guide dog for a resident who is blind, ask for nothing more. When they are not, the Joint Statement allows a request for reliable information that verifies the person meets the Act's definition of disability, describes the accommodation, and shows how the disability relates to the need. The resident can often verify the disability personally, for example with proof of Social Security disability benefits or a credible statement, or through a doctor, another medical professional, a peer support group, a non-medical service agency or another reliable third party who knows about the disability. The board may not ask for the diagnosis, the severity or medical records. Florida puts this in statute for emotional support animals. Section 760.27 lets a housing provider request information from a health care practitioner with personal knowledge of the disability, allows an out-of-state practitioner only if they have given the person in-person care at least once, says an emotional support animal registration bought online is not enough by itself, and bars requests that disclose the diagnosis, the severity or any medical records. Our guide on whether an HOA can deny an emotional support or service animal covers the animal questions in more depth.

Make the decision

The board answers four questions, in order. Does the person have a disability? Is there a disability-related need for the change? Is the change reasonable, meaning it would not impose an undue financial and administrative burden or fundamentally alter the association's operations? And if not, is there an alternative that meets the need? The Joint Statement says the burden test is case by case, weighing the cost, the association's resources, the benefit to the resident and whether an alternative would work, and that the provider must grant a reasonable alternative that meets the need. Waiving a pet limit or reserving a parking space rarely comes close to an undue burden. The Act does not require housing for someone whose tenancy would be a direct threat to others' health or safety or would cause substantial physical damage to others' property (42 U.S.C. 3604(f)(9)). For an animal, judge that by what this animal has actually done, with dates and witnesses, and not by its breed or size. A breed or weight rule is usually the very rule the resident is asking the board to waive. The association may not charge an extra fee or deposit as a condition of granting the accommodation, though a resident still pays for damage an animal actually causes. Vote on the decision, and record only "the board acted on accommodation request number 2026-03" in the minutes.

A timeline and a decision letter

Federal law sets no day count, but the Joint Statement says a provider must respond promptly and that an undue delay may be treated as a failure to accommodate. A workable board standard: day 0, the request arrives and goes in the log. By day 3, the point person sends a written acknowledgment and, only if needed, a request for the specific information described above. When the information arrives, the board decides within 10 business days, by email vote if your bylaws and state law allow it or at a special meeting. The decision goes out in writing within 2 days of the vote. If the association denies the request or offers an alternative, the letter invites the resident to discuss it. Sample approval language: "The board has approved your request dated [date] to [keep your dog, which exceeds the 30-pound limit, at your home]. This approval applies to [the animal or arrangement described]. The association's other rules, such as leash and waste rules, still apply. Please contact [point person] if your needs change." For a denial, state the specific reason and add: "We would like to discuss other options that may meet your needs. Please contact [point person] by [date]."

State law and the 2025 guidance change

Texas Property Code section 301.025(c)(2) defines disability discrimination to include refusing a reasonable accommodation in rules, policies, practices or services, and 301.025(f) mirrors the federal direct-threat exception. Colorado C.R.S. 24-34-502.2(2)(b) contains the same accommodation rule. Florida's section 760.27 adds the documentation rules above for emotional support animals, and makes the resident liable for damage the animal does. In California, Health and Safety Code 122318 limits who may write emotional support dog documentation, requiring a licensed practitioner with a client relationship of at least 30 days and a clinical evaluation. One federal change matters for boards reading older articles. HUD withdrew FHEO Notice 2020-01 on assessing animal requests and FHEO Notice 2013-01 on service and assistance animals, effective September 17, 2025, in a notice published in the Federal Register on April 6, 2026. The statute and HUD's regulation at 24 CFR 100.204 did not change, and the 2004 Joint Statement is not on the withdrawal list. Deadlines remain: a resident can file a HUD complaint within one year of the alleged violation, or sue within two years.

Mistakes that turn a request into a complaint

Ignoring a request because it came by text or in passing. Letting three weeks go by while directors debate whether the resident "really" needs it. Asking for a diagnosis or a doctor's full notes. Forwarding the resident's letter to the whole board email list, or worse, discussing it in an open meeting. Demanding a certificate from an online registry, or rejecting a real provider's letter because it lacks one. Charging a pet deposit for an assistance animal. Denying on paper without offering to discuss an alternative. Approving an accommodation and then fining the same household under the waived rule because nobody told the committee. The last one is common, so send a short note to whoever enforces that rule, saying only that the household has an approved exception. For the wider rules on protected classes, see our guide on fair housing and HOAs.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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