More evidence why this board rocks.
Here was the issue.
http://forums.pelicanparts.com/showthread.php?t=403029
Thanks to the link provided we were able to get the ammo needed to get the HOA to "reluctantly agree" to allow my brother to keep his cats.
Brothers Dr's all signed letters attesting to the mental health benefit of the cats. One even wrote a script.
I can only assume the HOA showed all the Dr's stuff to their attorney and were advised to suck it up.
Cats were at my moms last few weeks and my brother was just crushed.
But all is well now so thank you all for the advice and support.