Condo Association Management Blog

Under the Fair Housing Amednments Act, the association in certain circmstances may have to make exceptions to theiur no pet restrcitions as a reasonabel accomodation to the person requesting the pet. There is no limit to the number of exceptions. Put the request in writing and be ready to supoort the request with medical evidence of the necessity of the pet to deal with the disability. 
 
 
 
Stephen Marcus 
 
Marcus Errico Emmer & Brooks 
 
Braintree, MA 02184 
 
781.843.5000 
 
smarcus@meeb.com 
 
www.meeb.com

You are protected under the ADA. You also need to look up your state's statute as well as The Fair Housing act. I live in Florida. I also live in a condo I own. My HOA tried to make me provide proof, I.e. a letter from my doctor. After I sent them a polite letter with copies of the ADA laws & my state statute along with the fact that my disabilities are protected under HIPPA they backed off. Service Dogs are not pets. Therapy Dogs are protected under the ADA but not always under state statutes. The ADA rules above all else. If the Chihuahua is trained to mitigate just one of your daughter's disabilities (and you don't have to tell them what disability), it becomes a Service Dog. Under my state law they can ask what my Service Dog is trained to do and I always reply he's trained to mitigate my disabilities. If you're going to work the dog in public it must be obedience trained and well socialized. It wouldn't hurt to get a letter from your daughter's doctor in case they try to sue you. If you have one and they have their lawyer contact you that will usually put an end to it. My Service Dog is a Chihuahua also and I share with you he's my hearing dog. Good luck.

Well, as you can see, the ADA DOES protect your daughter under Federal law; your State laws may as well. I don't see many States disagreeing with the ADA laws. Support pets, wether for physical or mental health situations, are approved under the ADA Act. 
Have her doctor simply write a letter stating that under the ADA Act she requires this assistance. Here is a copy of my letter to my Board that I used: 
 
Dr. XXXXXXXXXXXXXXXXX 
 
 
Board of Directors 
XXXXXXXX 
XXXXXXXX 
XXXXXXXX 
 
Dear Board of Directors: 
 
XXXXXXXX is my patient, and has been under my care since XXXXXXXX. I am familiar with his history and with the functional limitations imposed by his mental distress or disability. He meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.  
 
Due to mental distress, XXXXXXXX has certain limitations coping with anger, stress and depression. In order to help alleviate and effectively cope with these difficulties, and to enhance his ability to live independently and to fully use and enjoy the unit he and his wife own, I am prescribing an emotional support animal that will assist XXXXXXXXX in coping with his condition. 
 
I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by XXXXXXXXX. Upon request, I would be happy to answer other questions you may have concerning my recommendation that XXXXXXXXXX have an emotional support animal. Should you have additional questions, please do not hesitate to contact me. 
 
Sincerely, 
 
 
Dr. 
 
Good Luck and I hope your daughter begins to fell better. 

I bought this condo in FL because they assured me no pets are allowed. It is a small 15 unit building on a small area of property. We have a unit owner who has owned for 30 years, using this place only in the winter. She was one of the older board members who insisted NO DOGS. Well now she has moved here full time and said her doctor says she "may" get benefit in lowering her blood pressure if she had a dog. The state of FL has required her to submit paperwork indicating that the dog has been tasked and trained to 'sniff out' when her blood pressure gets high (what a joke), have asked her to submit the credentials of the doctor who wrote the letter (her daughter works in a doctor's office) as well as submitting her medical records indicating that medication to lower her blood pressure did not work, so now they are trying the dog. She has submitted nothing of the sort, yet continues to keep the animal on the premises. She has no regard for the fact that the rest of us have to work, and does not stop the dog from yelping into the wee hours of the morning. She walks the dog outside our bedroom window at 7 a.m. and deliberately pulls the leash so the dog will start yelping. She walks the dog on the property and does not pick up the mess - and you know that living in a beach front condo, people spend a lot of time in their bare feet. 
 
So how about it dog owners who refuse to follow the rules. Whatever special tactics you have devised to fight the NO PETS policy, whatever words you come up with, you are still breaking the rules...HAVE SOME RESPECT for the other unit owners, have a little respect for the fact that the rest of us bought in a place that has a NO PETS policy because we don't want to hear your dog barking, we dont want to step in dog droppings or see them piled up on the lawn and watch them fly around when the lawn man is cutting the grass. We should not have to accommodate you, you should respect the fact that you are infringing and pick up after the dog and keep it in your own area.  
 
This is infuriating, and the law cannot and will not do anything. 
 
It's nearly as bad as having a smoker puffing away while you're eating.

In response to "pets for ADA". 
Have your daughter move to a place that has no restrictions on pets. 
Cats don't bark & don't need outside space for pooping. (that irresponsible pet owners can't be bothered picking up) I chose a condo that does not allow pets.  
Don't my needs deserve consideration also?

You should provide a letter from the doctor stating the need for a therapy dog AND if the dog is truly therapy trained, you should be able to get a statement from the training agency and provide that as well. There are specific requirements that must be adhered to when training a therapy dog and the person training should have the certifications to back them up. Just because a dog is 'trained' doesn't make it a therapy dog!

I would think she could move to a place where small dogs are allowed. Some people may have moved to this community specifically because there would be no dogs. "Reasonable accomodations" should not include trampling on the rights of others. Just my 2 cents worth!

The definition of “service animal” is one of the important revisions to the newly updated Department of Justice’s Americans with Disabilities Act (ADA) regulations that went into effect on March 15, 2011. The new regulations now define "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are no longer considered to be service animals. The ADA regulations clarify that companion animals/dogs that do not perform tasks are not covered under the ADA. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. For more information about the new regulatory provisions regarding service animals, visit the ADA web site at http://www.ada.gov/regs2010/ADAregs2010.htm

Dear "Pets", 
 
After reading the comments and responses you perhaps can talk to the board or write to it, requesting the board to appoint a board member to speak with you regarding what you are entitled under law. If you live in California, you can search the internet for "Civil Code sec. 1363.840 informal meet and confer". 
The condo board must send a representative to meet with you. The board cannot use this law to require you to meet with them. Nor can the board charge you a fee for sending a board member to meet and talk with you.

I think this law is ridiculous, so now if elderly people in a home need a service dog for emotional support the homes will be allowed to have dogs. This is what you are saying. I own a co-op in Florida and we are having this problem. I feel that the person that bought knew that there was no animals allowed and they should sell and go elsewhere or the co-op should have to buy me out so I don't have to deal with this. I have a dog in New YOrk and I don't bring my dog because I abide by the by laws just like others should. I guess I'll get a service dog certificate and bring my dog. This is causing a lot of problems and fights where I am. this law is stupid.

What about an owner that rents to someone that needs a service dog? Does the ADA protect anyone that resides there, or just the owner of the condo?

Who the hell is anyone to tell people they can or can't have a pet? Where the hell do we live? China? It is none of your business if I have gorilla in my home, as long as he is not pissing on your door. Sick society this squealing population.

I have a major question-which Im very affected by and need emergency guidance. I own a home (for over 12 years) along with my dog of almost 3 years and we have a HOA.. Currently there are no rules/laws etc against having pets-practically most of the neighborhood has some sort of pet (dog, cats, fish a weirdo keep the ducks from the lake etc.) My overgrown baby dog (mix of a terrier with a lab and think Dalmatian-that lives and cares for my 9 month baby and 6 year old daughter) has gotten out 2 x's this past week-he's usually inside, but for some reason he has left thru the gate.. We have noticed immediately and had him back in the house no more than 15 min. Later.. He's a sweet boy and is scared of his own shadow-but more than 2 of my neighbors including the Condo President have complained about this and I was told that they are working on a petition to have my dog removed from the complex for running around these 2 times..IS THIS LEGAL? CAN THEY ACTUAL do this to one of my family members after having him for 3 year and him not doing any harm to anybody? Also, there's a small dog that is always out running through the neighborhood (daily) w/no problem, 3 people have Pitt-bulls (which one did get out once and I took her to her owner) & the gate in the back has never been put up again by the association after Wilma! I also heard that they will start fining me $100 for each time my dog got out.. I basically need to know my rights and what I can do regarding this matter-I live in FL.. 
This dog is like my third child (I've had him since he was 6 weeks old) and I can't move out of my home after 12 years and especially bcuz I own it.. 
Thank you all in advance for taking the time to read my thread and responding-bcuz I don't know what to do @ this point.. 
Nancy

I purchased a condo in Broward County,FL with the premise that it was in a pet resticted building. Four years later, two long-time residents discovered how easy it was to get a prescription for an emotional support animal. I now have a cat on each side of me and a renter is applying for a dog. Because of my allergy to cat and dog dander, I have a life threatening recurrence of childhood asthma and can no longer enjoy my condo. What can I do? Does my physical disability trump their mental disability?