What an HOA Should Do If an Assistance Animal Causes Harm After a Reasonable Accommodation

When an assistance animal has been allowed into a community but then causes harm, an HOA faces a tough, real-world dilemma. How do you protect safety while honoring a resident’s rights to reasonable accommodations? The answer isn’t simple, but it rests on fairness, clarity, and careful legal grounding. Let’s walk through what happens and how to handle it with both compassion and due diligence.

A quick map of the landscape

Under the Fair Housing Act, associations must provide reasonable accommodations to qualified individuals with disabilities. An assistance animal is one such accommodation, designed to help a resident live more independently and fully participate in community life. But here’s the nuance: the accommodation isn’t unlimited. If the animal’s behavior creates a direct threat to others or causes substantial property damage, the HOA can reassess and, in some cases, revoke the accommodation.

Think of it like this: you’re balancing two important commitments at once. On one hand, you’re upholding a resident’s rights and their ability to live effectively in the community. On the other hand, you’re safeguarding neighbors, staff, and property from harm. That balance needs careful, documented steps rather than knee-jerk reactions.

What the law suggests in plain terms

• Reasonable accommodation is meant to level the playing field for people with disabilities. An assistance animal is part of that accommodation when it’s needed to perform essential tasks or provide needed support.

• The key qualifier is safety and impact. If the animal’s behavior poses a direct threat or causes substantial damage to property, the HOA has grounds to reconsider the accommodation.

• The process isn’t punitive by default. It’s about finding a workable solution that minimizes risk while respecting the resident’s rights. When harm arises, it’s not a blanket voiding of the accommodation; it’s a targeted, fact-based reassessment.

• Legal counsel matters. Before finalizing any action, consulting with a lawyer helps ensure the HOA stays within the law and avoids missteps that could invite liability or claims of discrimination.

Let’s break down the practical path forward

If an assistance animal harms after a reasonable accommodation has been granted, revoking the accommodation is an option—one that should be considered thoughtfully and transparently. Here’s a practical approach many HOAs follow, step by step.

1. Gather facts and document

• What happened? Was there a bite, a persistent aggressive incident, ongoing property damage, or repeated nuisance behaviors?

• When and where did it occur? Are there patterns (time of day, location, triggers)?

• How has the situation evolved since the accommodation was granted?

• Documentation matters. Incident reports, photos, veterinarian notes, and communications with the resident create a clear record that can support a fair decision.

2. Assess the direct threat and impact

• Does the behavior present a direct threat to health or safety? If yes, that’s a strong factor in reconsidering the accommodation.

• Is there substantial property damage? If repeated or escalating, that also weighs into the assessment.

• The “direct threat” standard isn’t about a single bad moment; it’s about ongoing risk that cannot be reasonably mitigated through accommodations.

3. Talk with the resident

• A respectful, face-to-face (or virtual) conversation helps show you’re trying to be reasonable, not punitive.

• Explain the observed harms and the legal framework. Share what you’re considering and why.

• Invite the resident to propose reasonable alternatives. Sometimes a behavior modification plan, a different living arrangement, or additional support measures can reduce risk without ending the accommodation.

4. Consider alternatives before revoking

• Behavioral modification plans: coordinate with a professional trainer or veterinary behaviorist to address problematic behavior.

• Changes in pet management: mandatory leashing, restricted access areas, or use of crates in certain spaces.

• Environmental adjustments: improved fencing, gates, or quiet hours that reduce stress for the animal and other residents.

• Temporary adjustments: a defined period to demonstrate improvement, with clear milestones and review points.

• These options aren’t weak substitutes—they’re constructive steps that can preserve accommodation while increasing safety.

5. Involve legal counsel before decisive action

• This is where many HOAs gain confidence and protection. A lawyer can confirm whether the direct threat threshold has been met, help interpret local and federal requirements, and draft notices that are precise and fair.

• Legal guidance also helps ensure due process: notice periods, opportunities to respond, and a clear rationale for any decision.

6. Make the decision and communicate clearly

• If the decision is to revoke the accommodation, do so with a written notice that explains the grounds, the evidence reviewed, and the steps the resident can take (such as mediation or appealing the decision under the HOA’s processes).

• Include a timeline for accommodating residents to remove or rehome the animal or to implement an approved alternative plan.

• Offer information about any reasonable changes that could still allow for safety, such as a different unit, upper-floor living, or enhanced supervision.

7. Be prepared for questions and possible disputes

• Revoke with care. Sudden or unexplained decisions can trigger complaints or legal scrutiny.

• Have a structured appeals process. Even if the HOA has the right to revoke, residents should be able to request a review or mediation.

• Keep every step traceable. The chain of communications, dates, and outcomes should be easy to follow if questions arise later.

Common missteps to avoid

• Assuming harm automatically means the end of an accommodation. Take time to verify the facts, explore alternatives, and consult counsel.

• Skipping documentation. Inconsistent notes or vague descriptions can make a valid decision harder to defend.

• Treating a service animal differently from other animals. The Federal Fair Housing protections apply specifically to disabilities, so ensure consistency and legality across policies.

• Acting too quickly without a plan. A hasty revocation can look punitive and invite challenges. A thoughtful, well-documented process is far more durable.

• Overcorrecting by banning all animals. The goal isn’t to bar assistance animals but to manage risk. A blanket prohibition would fly in the face of the law and community goals.

A few practical talking points for HOA boards

• Safety first, with empathy second. Everyone deserves to feel secure in their homes and common areas.

• Policy updates can be sensible, but changes should reflect actual risk, not fear. If a problem is isolated, a targeted fix beats sweeping changes.

• Communication is key. Clear notices, documented meetings, and accessible channels for concerns reduce confusion and conflict.

• Training helps. Consider offering board training on FHA basics and fair handling of accommodations. Understanding the law helps people make better decisions.

A real-world sense of how this plays out

Imagine a condo association where a resident has an approved assistance animal to help with mobility challenges. After several months, the pet develops a pattern of aggressive barking and has damaged a few nearby walls during a chaotic episode. It’s not simply a nuisance—neighbors report fear, and the HOA sees repeated maintenance costs. The board, with the resident’s cooperation, initiates a formal review. They document incidents, meet with the resident to discuss the issue, and bring in a professional trainer to evaluate the animal’s behavior. They review possible accommodations—like enhanced supervision, updated leash protocols, or a temporary relocation option. After careful consideration and legal counsel input, they determine that revoking the accommodation is a justified option, given the direct threats and ongoing property damage. They provide notice with a clear rationale, offer a path for appeal or mediation, and outline the steps the resident can take to address the situation.

That kind of approach doesn’t erase the needs of the resident. It tries to balance those needs with the safety and comfort of the rest of the community. And it avoids the trap of a one-size-fits-all rule. Every case has its own texture, its own set of facts, its own potential for a workable compromise.

Why this matters beyond a single incident

HOAs operate as small communities with a shared space, and that shared space depends on trust. When a decision seems heavy-handed or illogical, trust frays. The opposite is true when decisions are transparent, well-documented, and anchored in a fair process. The goal isn’t to punish the person with the disability; it’s to keep people safe while honoring rights. It’s a delicate dance, but it’s one that many communities perform with success.

If you’re part of an HOA board, or you’re serving as a property manager, here are a few takeaway reminders:

• You don’t have to go it alone. When harm occurs, bring in legal counsel early to chart a compliant course.

• Documentation is your best ally. Clear incident logs, dates, actions taken, and outcomes protect everyone.

• Explore alternatives first. A humane, practical approach can fix problems without cutting off essential support.

• Communicate with care. Honest, respectful conversations reduce conflict and help residents feel heard, even when tough decisions are needed.

Concluding thoughts

The question of what to do when an assistance animal causes harm after a reasonable accommodation is granted doesn’t have one simple answer. The right path depends on the specifics: the nature of the threat, the extent of damage, the resident’s engagement, and the community’s safety needs. Revoking the accommodation is a legitimate option, but it’s far from a reflex. It comes after careful assessment, documented evidence, and a careful, lawful process. And when in doubt, legal counsel is a steady compass to ensure you stay on the right side of the law while keeping your community safe and inclusive.

If this topic resonates with you, you’re not alone. Communities wrestle with these issues all the time—from the quiet hallway to the grand lobby. The common thread is a commitment to fairness, safety, and practical solutions that work in real life. By approaching the situation with a clear plan, open dialogue, and solid legal guidance, HOAs can navigate these sensitive moments with dignity and reliability. And that, in the end, helps everyone sleep a little easier at night.