I have recently purchased a condo unit in Grand Forks, ND. It is a brand new condo and the original bylaws said nothing about prohibiting pets or pet deposits. Since then, an association has been formed and an addendum added stating that no pets are allowed except for original owners who already own a pet.

I have moved in with an emotional support animal and they want to charge me a deposit and have me sign a pet contract (not stated in bylaws when I put an offer on the unit). I know that under FHA federal law, this is not allowed. However, they now want to charge all the original pet owners a deposit ($1000) and have them sign a pet contract. They also want to charge me this to “keep everyone with pets equal”. Keep in mind that all issues in the pet contract covering noise, sanitation and destruction of community property are already covered in the bylaws which everyone must sign.

Can the association charge a pet deposit and require a signed pet contract from original owners who are already grandfathered under the original bylaws (no pet prohibitions or pet deposits)?

Can the association charge a pet deposit and require a signed pet contract for an emotional support animal to keep it equal with other pet owners if the other owners end up having to pay a deposit and sign a pet contract?