Friday December 05, 2025
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.What are emotional support animals?
Emotional support animals (ESAs) are animals that provide comfort, companionship, or support to individuals with mental or emotional disabilities. ESAs may include dogs, cats, or other domesticated animals, and they differ from service animals in that they do not have to perform a defined job for their handler. ESA laws in South Carolina help inform how a community association should handle requests from residents for accommodation.ESAs vs. service animals
Service animals are specifically trained to perform tasks directly related to a person’s disability, while ESAs are not required to have that training and their value comes primarily from their presence. Because of this difference, ESAs are treated differently than service animals. While service animals are protected under laws like the Americans with Disabilities Act, ESAs are primarily addressed through housing-related laws that require reasonable accommodation for people with disabilities. Understanding the distinction helps a community association apply the correct rules and processes when a resident asks to keep an ESA.Understanding South Carolina law on ESAs in HOAs
Unlike some states that have detailed state-specific ESA laws, South Carolina has limited ESA-related provisions in its own Fair Housing Law rather than a separate, comprehensive ESA statute, and those provisions largely mirror federal requirements. ESA laws in South Carolina rely largely on the federal Fair Housing Act, which requires housing providers, including homeowners associations (HOAs), to consider requests for ESAs as reasonable accommodations if a resident provides appropriate documentation. According to South Carolina property management laws, landlords or housing providers may be able to request verification that a person has a disability and that the ESA is needed for that person’s disability, depending on the specific circumstances.The association must treat the request seriously and not simply deny it because of a blanket “no pets” policy. At the same time, associations may evaluate whether the ESA would pose a direct threat to others or cause substantial property damage, which may be considered valid considerations under federal housing law. Denying an ESA request without proper review could be viewed as a violation of housing law, while approving one without adequate documentation might set a precedent for future requests. Always consult with your attorney and property management company when dealing with ESA requests.
Compliance tips
When managing ESA requests, community associations should adopt clear policies and follow practical steps:- Reach out to your legal counsel and property management partner before proceeding for advice that’s relevant to your specific circumstances.
- Confirm receipt of a written request for the ESA and, when the disability and the need for the animal are not obvious or already known to the association, a medical professional’s letter or documentation supporting the disability and need.
- Review the governing documents and pet policies in light of the ESA request. The association should apply the same process for all such requests.
- Determine whether the requested accommodation (the ESA) would impose an undue financial or administrative burden on the association or fundamentally alter the nature of the housing community.
- Document the review process: what information was reviewed, how the decision was made, and any conditions imposed on the ESA (such as leash use, waste clean-up, noise control).
- Communicate the decision to the resident, whether approved or denied, and include any conditions or restrictions if the ESA is accepted.
Creating rules
Community associations may adopt rules that relate to ESAs while remaining compliant with ESA laws in South Carolina. Rules should be focused on behavior and impact, not the disability or the animal’s role. For example, a rule might require that the animal be leashed in common areas, that the owner clean up after the animal promptly, or that the animal not disturb other residents. Because ESA laws in South Carolina require that accommodations be considered even in “no pets” communities, associations should revise governing documents to include a clear section on assistance animals and reasonable accommodations. Any rule that singles out ESAs or adds unique burdens only for them may be inconsistent with the legal framework.When adopting rules related to ESAs, confirm that the rules apply equally to residents with and without ESAs for common responsibilities (noise, waste, damage). Avoid rules that request medical diagnosis details or impose burdensome verification beyond what is reasonably required. Additionally, build a process for periodic review of ESA accommodations, especially if the animal changes or issues arise, while capturing documentation. By aligning rules with ESA laws, board members and managers can help keep their communities responsive and legally prepared.
It’s also helpful for associations to communicate these rules in resident handbooks, newsletters, or community portals so all residents understand what is expected. Clear and consistent communication reduces confusion and helps prevent unnecessary complaints about ESA-related issues.
How FirstService Residential can help
At FirstService Residential, we help communities across South Carolina manage the responsibilities that come with ESA laws in South Carolina. Our local teams support boards by handling communication, maintaining organized records, and coordinating with legal counsel when questions arise. With more than two decades of South Carolina property management experience, we simplify daily operations so boards can focus on the bigger picture. From financial management to maintenance and resident relations, our goal is to help associations operate smoothly while meeting every obligation.Contact FirstService Residential today to learn how our South Carolina property management team can support your community.