I was out on a walk one day when I noticed a turkey in my neighborhood—it was roaming free in an unfenced yard. I saw the turkey during the first part of fall and noticed that the turkey remained after Thanksgiving (admittedly, I am not certain it’s the same turkey, but I believe so). At one point, I wondered if the turkey was a pet.

In this circumstance, the turkey owners do not live in an HOA. But it did not stop me from wondering how an association would handle a turkey or other nontraditional pet (here, the answer depends on the specific restrictions in the association’s governing documents). For community associations, traditional or not, pets can be a hot topic. The Oregon legislature recognized that point when they drafted ORS 100.410, which indicates, among other things, that pet restrictions in condominiums that are exclusively residential cannot be changed unless at least 75% of owners approve. There is no similar statutory requirement for Washington condominiums. For anyone that’s tried, you know that 75% owner approval can be relatively difficult to achieve. Notably, that’s the same percentage that ORS 100.410 requires for amendments relating to age restrictions, rental restrictions, and limitations on the number of people that may occupy a unit. So at least for Oregon condominiums, it’s official: When it comes to pet restrictions, associations are on a tight leash.

Community association governing documents often address pets in some fashion or another. But do not plan to find a uniform set of restrictions from one community association to the next; instead, the pet restrictions (if any) often depend on the type and number of buildings in the community association, their proximity to each other, potential or anticipated insurance requirements, and other factors. Sometimes specific types of animals are named, specific breeds, or specific weight requirements. Other times, the focus of the provision relates to the pet’s behavior. For example, the board may be given the authority to require removal of any animal that the board (in the exercise of reasonable discretion) determines to be disturbing other owners unreasonably. Depending on how the provision is written, the association can face enforcement issues. How does the association handle mixed breeds? And how about that weight requirement--how large is a 25 pound dog?

In addition to some of the enforcement issues set forth above, associations should also be cognizant of the Fair Housing Act. When is a pet not a pet? In other words, when is a pet a service or support animal? For detail and background regarding compliance with the Fair Housing Act, please review David Silver’s article here: Accommodating Accommodations. In relation to pet restrictions, the upshot is that, notwithstanding your community’s specific pet restrictions, you may need to make reasonable accommodations for a service animal. And what if that service animal is a turkey? If you are too chicken to deal with the turkey, give us a call.