The instances of condo residents improperly using “medical reasons” to escape the enforcement of pet restrictions found in condo declarations or rules is on the rise. On one hand, many property managers and boards of directors are fearful of investigating and challenging these types of claims, even when they think the claim is illegitimate. On […]
Building Safety for Everyone: Emergency Preparation Includes Residents with Special Needs
New England is home to more than three million seniors age 60 and older, and about one in four suffers some type of physical impairment. When you factor in a climate prone to blizzards and heavy snow storms, a disaster plan is an obvious necessity for all HOAs, condos, and multifamily dwellings across the region. […]
HOAs, Pets, and Assistance Animals
We all know someone whose dog or cat is much more than just a pet. Well, for purposes of the Fair Housing Act, they may be right. Community associations must be careful as they adopt rules and regulations regarding animal restrictions because it is easy to run afoul of federal laws like the Fair Housing […]
Condo Pet Eviction After Court Rejects Human Rights Claim
As we have reported in prior blog posts, many pet owners who have breached the pet restrictions in their condominium documents will go to great lengths to keep the pet when the condominium corporation takes steps to enforce these restrictions. In a recent case, SCC No. 89 v Dominelli, a pet owner unsuccessfully tried to […]
Emotional Support Animals and HOA “No Pet” Policies
It’s common to see a variety of disabled people with service animals to help them. However, more and more people who suffer from emotional conditions are getting emotional support animals. Like service animals, these animals are not subject to the same rules as traditional pets, so even if a neighborhood prohibits pets, these emotional support […]
Frequently Asked Questions about Service Animals and the ADA
Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with […]
Dog Evicted from Condominium Because the Occupant Failed to Prove Her Disability (ON)
Many condominium corporations have rules imposing weight restrictions on pets allowed in the condominium. These restrictions often oppose occupants who wish to keep their pets and corporations who have a duty to enforce their governing documents. This is exactly what happened in the recent court case Simcoe Condominium Corporation No. 89 v. Dominelli. Of particular […]
When Pet Rules Get Messy — Service Animals in Your HOA
In my last post I talked about the benefits of setting clear pet restrictions in your community. But you may be wondering how those restrictions could affect service animals – and your compliance with the Fair Housing Act. Legally, a service animal is just what it sounds like: an animal that provides a necessary service […]
Barking Up the Wrong Tree
Yogi Berra once said “it ain’t over ’till it’s over.” That statement perfectly describes the most recent decision to come out of Florida’s Fourth District Court of Appeal dealing with a unit owner’s request for a reasonable accommodation under the Fair Housing Amendment Act of 1988 (FHAA) to keep an emotional support animal despite her […]
HOA boards should tread carefully on assistance animals
We are often asked about pet restrictions in the context of homeowners’ associations (HOAs) and their enforceability with respect to assistance animals for persons with disabilities. An HOA’s governing documents often restrict the type, size, and quantity of pets allowed. Like all good rules, there are exceptions. Read more………
Emotional Support/Companion Animals – Are People Claiming Disabilities to Get Around Pet Restrictions?
In the past 5 years, community living associations, such as condominiums, co-operatives and homeowner associations, are increasingly being inundated with requests for accommodations for emotional support and companion animals. Many board members and co-owners feel that their neighbors are claiming a disability simply to get around pet restrictions in their communities. Read more………
Proactively Thwarting Fake Disability Claims Intended to Bring In Pet Dogs
Discrimination claims can hit even the most attentive and well-meaning condo and co-op boards. This is especially true when residents in no-pet or no-dog buildings concoct fake disability claims to demand a pet dog be allowed — and then threaten to sue if the board declines the demand. Read more……….
Assistance Animals in Florida Condominiums
Many Florida condominium associations have breed, weight, size, and other limitations on animals, but that does not mean those limitations are enforceable against every owner. Florida condominium associations are subject to compliance under the Fair Housing Act (“FHA”) and are prohibited from engaging in discrimination based on a disability Read more……….
It’s a Zoo out There
In the past few years, there has been a dramatic rise in the use of emotional support animals. These animals provide therapeutic benefits to their owners who may suffer from such things as insomnia, anxiety or other emotional challenges. For communities, such animals present several challenges and questions. Read more…….
Aging Condominium Owners Will Seek More Fair Housing Accommodations
For condominium boards trying to anticipate future challenges, here’s a prediction that bears considering: Fair housing accommodation requests are going to multiply. This prediction doesn’t require a crystal ball; a general knowledge of demographic trends will tell you what you need to know. Baby boomers are getting older and many of these aging boomers are […]
Reasonable Accommodations
You are a board director in a no-pet building. And you’re happy about it. But an owner has come to you and said “I need an emotional support pet.” Welcome to the world of reasonable accommodations. In this video you’ll learn what you have to accommodate, when it is necessary, and how to do it. […]
Condo or HOA breed restrictions don’t apply in fair housing accommodation requests
There has been press about a case pending in Miami-Dade County over whether an owner is entitled to keep a dog in his unit as a reasonable accommodation for his disability. Issues concerning service and emotional support animals are highly charged and can result in significant liability for an association. As we have discussed in […]
Condo Associations and HOAs Can Violate the Fair Housing Act By Not Timely Responding To A Unit Owner’s Request To Keep A Service Dog
On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. […]
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions. […]
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. Read more………
FHA Assistance Animals
How many times have you heard the old axiom, “ignorance of the law is no excuse”? Well, it’s never more true than in the Fair Housing Act (FHA) reasonable accommodation request for an “emotional support animal” arena. Read more………..
Imposter service animals posing a growing problem
It’s an easy law to break, and dog cheats do. By strapping a vest or backpack that says “service animal” to their pet, anyone can go in stores and restaurants where other dogs are banned, creating growing problems for the disabled community and business owners and leading to calls for better identifying the real deal. […]
In a California Homeowners Association, there are Three Types of Animals…
A homeowners association has a “strict” (and strictly enforced) “no pets” policy but a resident requests that an exception be made to permit her to keep a dog. Or, maybe it’s a cat. Or a hamster. Must the association provide this “accommodation”? The answer is “maybe” and depends in part on whether the resident is […]
Do You Have a Doctor’s Note? Getting a Dog Into a No-Pet Building
What does it take to get a dog into a no-pet building? The question is becoming a hot topic in New York City. Because depending on whom you ask, the answer is A) a legitimate disability or B) a dubious note from a doctor or therapist. Read more……
Canada: Service Animals In No-Pet Condos
Pets in condominiums is a very controversial topic. Some condominiums prohibit pets and other condominiums allow them. Prudent pet owners should be checking the condominium’s documents before buying a condominium to ensure that pets are permitted. Read More…..
Reasonable Accommodations (video)
You are a board director in a no-pet building. And you’re happy about it. But an owner has come to you and said “I need an emotional support pet.” Welcome to the world of reasonable accommodations. In this video you’ll learn what you have to accommodate, when it is necessary, and how to do it. […]
Emotional Support Animals in Community Associations
Condominium and Homeowners Association which ban or limit the size of pets are under increased attack by homeowners strongly desire to bring fluffy or killer, a 60 pound pit bull into their homes in violation of established of the Association. Traditionally it was not difficult for Association to ban these types of pets and to […]
Cat in condo? OK. Companion dog? No way
The age-old question of which is better, cats or dogs, has landed in federal court in Minneapolis. The unusual issue has provoked a big legal fight between a disabled Minneapolis woman and the board overseeing a condominium where she’s been a longtime resident. Read More……
Lying About Assistance Animal Backfires on Owner
In this day and age it’s a rare situation where an association prevails in a legal action involving assistance animals. But for the Sun Harbor Homeowners Association, this is a current reality. Read More……