do-hoa-allow-pets

Do HOA allow Maltese dogs?

HOA rules for Maltese dogs explained pet policies restrictions and tips for small breed owners

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D. Goren

Head of Content

Updated Dec, 6

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Do HOA allow Maltese dogs?

 

Do HOAs allow Maltese dogs?

 

Short answer: Usually yes — but it depends on the HOA’s rules. A Maltese is a small, non‑aggressive toy breed, so most HOAs that allow dogs will allow a Maltese. However, some HOAs have blanket bans, breed lists, or size/weight limits that could prohibit any dog, including a Maltese.

 

What to check and what HOAs can lawfully restrict

 

  • CC&Rs and Rules: These are the governing documents (Covenants, Conditions & Restrictions). They spell out pet rules: allowed species, number of pets, weight or height limits, and breed restrictions.
  • Breed-specific bans: Some HOAs list banned breeds. Many bans target large or “aggressive” breeds; a Maltese is unlikely to be listed, but read the list.
  • Size/number limits: HOAs often limit number of animals, or weight (e.g., under 25 lbs). Maltese typically meet small-size rules.
  • Common-area rules and nuisances: Leash rules, waste pickup, noise limits, and licensing/vaccination requirements are enforceable.
  • State law and limits: Some states restrict or forbid breed bans or limit HOA power over pets. Check your state statute or ask an attorney.
  • Service and assistance animals: Under federal fair housing law, HOAs must make reasonable accommodations for service animals and emotional support animals. These are not treated as pets; HOAs generally cannot enforce a pet ban against them or charge a pet fee (though they may charge for actual damage).

 

Practical steps if you want a Maltese

 

  • Read your CC&Rs and pet policies first.
  • Ask management in writing for confirmation of any unclear rule.
  • If denied and you have a disability, request a reasonable accommodation (Fair Housing rules may protect you for service/assistance animals).
  • Keep records: approval emails, vet records, licenses, and receipts for deposits or damages.
  • Get legal help or contact your state’s fair housing agency if you believe the HOA is unlawfully enforcing a ban or denying a required accommodation.

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