Can My HOA Ban Certain Dog Breeds in Florida?
Dog breed restrictions are a common source of confusion and concern for owners living in homeowners association and condominium communities across Florida. Many associations adopt breed-specific rules, often citing safety, insurance, or community standards.
Why Dog Breed Restrictions Exist in HOA and Condo Communities
In higher-density areas such as Miami, Fort Lauderdale, Hollywood, Aventura, Boca Raton, and West Palm Beach, associations may adopt breed restrictions due to:
Insurance underwriting requirements
Perceived safety concerns
Noise or behavior complaints
Shared common spaces in multi-unit buildings
Historical provisions in governing documents
Breed restrictions are often more common in condominiums and high-rise communities where residents share walls, elevators, and common areas.
Where Dog Breed Restrictions Usually Appear
Breed restrictions are typically found in one or more of the following:
Declarations of covenants or condominium documents
Bylaws
Rules and regulations adopted by the board
Amendments passed by the association
In some communities, breed restrictions have existed since the development was created. In others, restrictions may be added or revised over time.
Common Types of Breed Restrictions
Associations may restrict dogs based on:
Specific breeds listed by name
Weight or size thresholds
Physical characteristics
Insurance carrier exclusions
Questions sometimes arise when owners have mixed-breed dogs or when a dog’s breed is unclear or disputed.
Changes to Breed Rules Over Time
One area that often creates uncertainty is whether breed restrictions can change after an owner moves in. This may depend on:
How the governing documents are written
Whether restrictions are part of the declaration or adopted rules
Whether amendments were approved according to required procedures
Differences between original documents and later rule changes can lead to confusion among owners and buyers.
Enforcement of Breed Restrictions
Breed-related disputes sometimes involve questions about enforcement practices, including:
How breeds are identified or verified
Whether rules are applied consistently
Differences in enforcement between residents
Perceived inconsistency in enforcement is a common source of internal association complaints.
Condominiums vs HOAs: How Authority May Differ
Breed restrictions may be influenced by whether a community is governed by:
Florida Statute Chapter 718 (Condominiums)
Florida Statute Chapter 720 (Homeowners Associations)
In condominium communities, pet restrictions are often closely tied to recorded declarations and plats. In HOA communities, breed restrictions may be more dependent on governing documents and adopted policies.
Understanding which statutory framework applies helps clarify how pet rules are established and enforced.
Why Breed Restrictions Matter to Owners and Buyers
Breed restrictions can affect:
Pet ownership decisions
Housing options for dog owners
Buyer interest and resale considerations
Rental eligibility within association-governed communities
For this reason, pet policies are often reviewed carefully during the purchase, sale, or leasing of property in Florida association communities.
Frequently Asked Questions About Dog Breed Restrictions
Do all Florida HOAs have breed restrictions?
No. Breed restrictions vary widely by community and are based on governing documents and adopted rules.
Are breed restrictions always listed in the declaration?
Not always. Some restrictions appear in rules, regulations, or later amendments rather than the original declaration.
Can breed rules differ between condos and HOAs?
Yes. The governing structure and applicable statute can influence how pet rules are created and enforced.
Why do breed disputes arise so frequently?
Disputes often arise from unclear rules, mixed-breed classifications, enforcement differences, or changes to policies over time.
Are you experiencing an issue related to your dog or pet in your HOA? Contact us at 954-383-0303.