The Laws for Cats in Condominiums in Florida

In Florida, thousands of elderly and other condominium owners are denied the ability to have and keep a cat in their homes. The laws protect the condo associations' right to enforce these rules, but exceptions do exist. The legislature and the judicial system are enacting new rulings all the time that affect this issue.

  1. Emotional Support

    • Though a condo association may not allow a person to keep a cat as a pet in a unit, some people are finding that when a cat is an emotional support they may keep their animal. The Federal Fair Housing Act enables people with acknowledged disabilities to keep their animals despite condo rules to the contrary. Keeping a cat to assist in treating emotional disabilities is considered a civil right.

    Grandfather Clause

    • If you owned your cat in your condo prior to an association rule against them, then you can keep that pet. If you acquired your pet after the rule was enacted, then research to find out if that rule was properly recorded. If it was not recorded according to the law, then it is unenforceable, and you may still keep your animal. If a condo board has been inattentive in enforcing a rule, then you may have the defense of laches -- negligence in the observance of duty. If your cat has been in plain sight for years, then one day it is suddenly subject to a fine, then your defense may be solid.

    Fines and Liens

    • A Florida law allows homeowner's associations (HOAs) and condo associations to levy liens against a person's property if the person doesn't follow the rules. If a homeowner's cat is found to violate the rules of the association, it may be the case that an unpaid fine becomes a lien and that the home is soon foreclosed upon. Many HOAs are not enforcing this though, due to the economic hardship it would impose on members.

    Florida State Supreme Court Ruling

    • In April 2011, the Florida Supreme Court ruled that condo association rules are not enforceable if certain language was not used in the original documents. As reported in the "Sun Sentinel," if a contract does not allow for changes in Florida law "as amended from time to time," then the association cannot enforce items under new laws. So, if you signed an agreement in 1990 that did not allow for changes in law, then your agreement is only enforceable under 1990 law. This ruling potentially results in different occupants living under different rules, each according to when she purchased her condo.