 Owners living in pet restricted communities are becoming increasingly frustrated when they see other owners walking a dog or taking their dog to the pool. While it may feel like these owners are “breaking” the rules it is important to remind our frustrated owners that community associations are considered housing providers under the Federal Fair Housing Act and the Florida Fair Housing Act. Condominium associations and homeowners associations must consider and sometimes grant reasonable accommodations to a pet restriction for assistance animals, including an emotional support animal. It is important to establish policies and procedures to assure board members and property managers understand what questions can be asked and what additional information can be requested when a request for a reasonable accommodation to your association’s pet restrictions is made. Otherwise, you may find your association in the “dog house” by receiving a HUD complaint for failing to respond properly to a request for reasonable accommodation to the association’s pet restrictions. A person with a disability who has a service animal does not need to request a reasonable accommodation to the Association’s pet restrictions when the direct work or task performed by the animal is readily observable, obvious and identifiable. A service animal cannot be denied access to any part of the association property (i.e. the dining room) unless the animal is out of control, not housebroken or poses a direct threat to the health or safety of others that cannot be reduced to an acceptable level by a modification to other policies. On the other “paw,” animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or promote emotional well-being are not “service” animals. If the assistance animal is not defined as a “service” animal, an owner, tenant, or a guest with a disability must request a reasonable accommodation to the Association’s pet restrictions to own, rent or for access to the association property or dwelling unit. The association should consult legal counsel to determine if the request for a reasonable accommodation for an “emotional support” animal should be granted or if further supporting documentation from a physician, psychiatrist, social worker or other mental health professional to indicate the disability and why the animal is necessary to alleviate or assist the symptoms or the disability can be requested by the association to consider the request. Limiting, restricting or denying access for other types of assistance animals (that are not “service” animals) to the common areas and facilities must be considered on a case-by-case basis. An association should consult legal counsel prior to imposing restrictions or developing rules restricting access to assistance animals to the common areas or facilities to avoid violating Federal law by imposing an unreasonable restriction which impairs the owner or tenants use and enjoyment to the dwelling unit. KEEP IN MIND – an association may not charge a pet deposit or any related fee for an assistance animal; the information received by the association in conjunction with a request for reasonable accommodation is not an official record; and if asked why the owner has an animal the association’s response should be limited to the owner qualifies for a reasonable accommodation to the association’s pet restrictions. By Paula S. Marra, Senior Associate, Rosenbaum PLLC |
Staying Out of the “Dog House” – How to Handle Reasonable Accommodation Requests Under the Fair Housing Act
Tuesday, August 13th, 2019 in Announcements, Condo, HOA, Legal, Pets, Service Animals by FAN
A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other side. Such a situation could lead to an avalanche of lawsuits, and that is exactly what happened when Florida laws permitted contractors holding an “assignment of benefits” in their favor, who were unhappy with the award from the insurance company, to sue the insurance company with nothing to lose but to pay for their own attorney. Simply put, an assignment of benefits is an agreement transferring a homeowner’s insurance benefits to a contractor who may then file a claim against the homeowner’s insurance policy without the involvement of the homeowner. Notwithstanding the assignment of benefits, the homeowner is still responsible to pay the insurance premium and deductible. If the contractor then makes a claim against the insurance policy and is unhappy with the insurance proceeds received, the contractor can sue the insurance company with no threat of having to pay prevailing party attorney fees if the contractor lost its lawsuit against the insurance company. Without the fear of a prevailing party attorney fees award, these types of lawsuits became very prevalent. Insurers claim that this led to ever increasing insurance premiums. Not anymore!
The Washington Post recently released an article regarding the consequences of the increasing green iguana population in South Florida.
Thanks to all of the Board Members who attended The Campbell Community Appreciation Event on April 16, 2019 at The Fort Lauderdale Marriott North.
A big thank you to all of our sponsors:
Jennings & Valancy, P.A.
On April 1, 2016, Bruce Moyer had a stroke which would affect the entire left side of his body. Refusing to be defeated, Bruce made several lifestyle changes to improve his mobility and overall quality of life. These changes included buying a condo at Corniche in Singer Island and taking up water aerobics. Both changes would go on to impact not only Bruce, but also the other residents at Corniche.
Occasionally, Bruce would do some of the water aerobics routines in the pool at Corniche and he noticed that many of his neighbors were very interested in trying it out too. He spoke to Rafael Solis, Property Manager of Corniche about holding formal classes at the pool. But they couldn’t find an instructor. Bruce has been in business for over 40 years but received his degree in education and was a teacher prior to this. “I figured, I know all the routines, I can teach water aerobics for my neighbors,” says Bruce. So, he bought all the equipment and started teaching. “Sometimes, we get more than 30 people in the pool at a time taking a water aerobics class. I tweak the classes to the needs of the other residents. We play Motown music, and everyone is invited and encouraged to join in,” says Bruce. There is no charge for the classes.