Removing prohibited breed dog in FL

You are on the right track. In the end, there is probably little you can do as an association to limit this situation. However, there are legal complications for folks who keep vicious dogs. The neighbors with the mauled cat should press charges, and so should anyone intimidated by the dog outside it's own property.

ADA does not grant immunity from low. Finally there is no reason the family of the mauled cat cannot sue for damages and psychological trauma.

This issue is for the legal system and not the board.

Good luck.

JillS2

I agree 100% with what RaymondC has posted. There is no reason the board shouldn’t feel sympathy for this family or members of the community.

I understand the family (attacked cat) may not have been seriously injured in the attack however, I strongly feel that the girl should at least get some professional help, She has been traumatized, by what she witnessed, that is damaging to the strongest of people!

This involves the safety and well being of everyone in the community, if he (owner of the dog) will not comply then the LAW needs (STEP IN) to make it safer for all the residents.PERIOD!

Chuck W.

We had the exact same thing happen only the dogs were pit bulls and they killed 5 cats. We then adopted a rule that after Sept.1, 2007, no "new" pit bulls were allowed in our HOA. The people who already owned them before that date would be grandfathered in. We also had a pet registration requirement that is kept at the office to help keep track of pets that get loose and are easy to ID.

That is correct. ESAs do not qualify as service animals. Also, do remember, that it is NOT the animal that has rights, it is the _disabled person_, AND that person has to be disabled under the guidelines of the Americans with Disabilities Act:

Definition of Disability (ADA)
(2) Disability.--The term "disability" means, with respect to an
individual--
(A) a physical or mental impairment that substantially
limits one
or more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment

A: The ADA covers a wide range of individuals with disabilities. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. (that's NOT for the neighbors or the board or mc to decide)
Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. To be substantially limited means that such activities are restricted in the manner, condition, or duration in which they are performed in comparison with most people.
The ADA also protects people who are discriminated against because of their association with a person with a disability

One state definition: 3. "Service dog" means a dog which has gone through a formal training program, which assists its owner in one or more daily living tasks associated with a productive life-style and which is sufficiently conditioned to be of no danger to the health and safety of the general public.

The ADA does not allow businesses (HOAs are businesses)to require certification papers or special types of ID as a condition of granting access to a service animal team. The ADA would take precedence over any state or local law which provides less protection for the civil rights of disabled persons than does the ADA.
See the ADA Business Brief on Service Animals published in 2002
> at _http://ada.gov/svcabrpt.pdf_ (http://ada.gov/svcabrpt.pdf) .
>
> Under the ADA, if a business is unsure if a dog is a pet or a service
> animal, the business may ask,
"Is that a service animal?"
Businesses are also permitted to ask a customer "What tasks does your animal perform?" The TRAINED tasks the animal performs have to mitigate the disabled person's disability. (ie, you, a deaf person, cannot claim my mobility dog, because my mobility dog has not been trained to hearing tasks, so does not mitigate your hearing problem. However, if your hearing dog is also trained to do mobility work, I could claim him as a service dog, because I need his trained help with mobility.)
They cannot ask for special ID or what the person's disability is.

A business can also ask if a person is disabled, but not how.
Some states have enacted additional protections.

Here's another definition of SERVICE ANIMAL"--(note, not only dogs are service animals. Each state, town, county, and the ADA have definitions, probably similar.
Service animal" means any guide dog, signal dog or other animal
individually trained to do work or perform tasks for the benefit of an
individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing assistance in a medical crisis, pulling a wheelchair or fetching dropped items.


If it were a service animal doing the same damage, call the cops or animal control. That dog is a danger. Do you not have dangerous dog laws, aside brom breed bans?

You're right, The Fair Housing Act does relate to housing including hoas.
My response was based on what is and is not a service animal. I'm not very familiar with the fair housing law, but would guess that the definition and guidelines would be the same. A quick search results in this:
http://www.dlrp.org/html/topical/housing/housing-service.html

Service Animals in Housing: Even though service animals are NOT (emphasis mine) specifically mentioned in the Fair Housing Act and its regulations, it is likely that the Act would at times require that service animals be allowed in a housing facility in order to afford a disabled individual fair use and enjoyment of the facility.

So, back to the guidelines in the ADA. At the least, those guidelines would be considered.

Fair Housing Act: Service Animals
Regulation: 24 C.F.R. § 100.204 - Reasonable accommodations.

(a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and
common use areas.

So, is the PERSON disabled under the ADA?
Is the dog task trained, as defined in the ADA?
And
Call the cops anyway--a dangerous dog is a dangerous dog, task trained as a service animal or not.

As to state and county law, The law which provides the greater access prevails. (see above, dangerous dogs.)


from original post:

Under appropriate circumstances, the law requires admittance of Emotional Support Animals (ESAs) in housing. That does NOT make them Service Animals, (SA) (which must be permitted) and those ESAs are not generally permitted in even the public areas of the community.
Saying, "he makes me feel better" does not qualify the animal as a Service Animal.

Have to say this in reply to thread. Got no problem with all that is said and all good advise.

However, I am not sure how much the board should be taking on here. Is is a board function to be all things to all people. In the instance here I believe the board should try to adopt laws for the safety of the community. They should make all owners aware of any situation that may be a danger to them. But they can not get in the business of being parents to all members.

It is an explosive situation waiting to happen and the way to stop it is through the courts by the owners, not the Board. Enforce the rules as written.....absolutely, keep the people informed........absolutely and with strong language.......................absolutely, offer to be a "center" for advice to concerned..................absolutely.

In the end, the Board can not be expected to taake over owner responsibility and action to safe guard each family, individually.

In response to RobertR1 "In the end, the Board can not be expected to taake over owner responsibility and action to safe guard each family, individually."
I agree with him. People turn to the board with various problems. A board is made up of people with varied backgrounds, and even so, may not know the answers, at least initially, to many questions posed to them, hence fora like these, for a greater knowledge base, or even ideas on where to go for information.

The information given (here) can be checked, and if found correct, can be passed on to the inquirer, or, the information itself can be given and the inquirer can verify it himself. Homeowners often ask the board if they don't know what else to do, or perhaps think the board has authority in certain circumstances.

As a board member, as a dog owner, and as a service dog owner, I am very interested in knowing about loose and dangerous dogs in the area.

Knowing the definitions of terms goes a long way to understanding and resolving situations. There's a HUGE difference between ESAs and SAs and the laws regarding them, and what constitutes disability under the ADA re SAs.

No, it is not the board's function to be all things to all people, but when we set up as THE BOARD, we do have at least some responsibility to help out, even if all we can do at the time is ask appropriate questions and support appropriate action on the part of the homeowner: in this case, call animal control, call the cops, check the Americans with Disabilities Act, call the ADA hotline at their 800 number, which should be in the phone book, and online.

In some cases, it may be that the contract is being broken, and the board can step in. Perhaps that is the case here. The only legal way I know to determine if the person is disabled and the dog is an SA is to go to court, but there may be less expensive ways.

The more knowledge WE have, as individuals and as board members, enhances our lives.

I would like to add this here, for you to be aware of.
At least some people claim the animal to be an ESA rather PSA (psychiatric Service Animal) because they don't want the stigma that goes along with that. PSAs also require training re the ADA, and a dangerous dog is still a dangerous dog. The owners of the cat should be encouraged to take steps.

If there is _legitimate_ question as to the dog being a service dog of any kind, perhaps the board needs to look into it to see what they can do.

I hope you keep us informed as to what you find out, what transpires.

BUT you CAN ASK the person if he is disabled (under the ADA,) and you CAN ask what trained tasks the dog does for him.
Under the ADA, if a business is unsure if a dog is a pet or a service
animal, the business may ask these three questions:
"Are you disabled" (Meaning under the guidelines of the ADA, see * below)
"Is that a service animal?" (Defined in ADA, and probably in your state and local law.)
"What (trained) tasks does your animal perform?" The TRAINED tasks the animal performs have to mitigate the disabled person's disability.
They cannot ask for special ID or what the person's disability is.


1. You might call in a cop to ask those questions in an investigation of the cat killing, or to be with you when you ask. The owner is maybe less likely to lie if a cop is there. You will have to educate the cop that ESA's are NOT service animals, so you will have to have the info on hand, including the ADA hotline number, and bear in mind their business hours. (Don't have the cop there at 5:30 when the hotline closes at 5, for instance, though the cop could check his statements at a later time)
(Go to http://www.iaadp.org/tasks.html for a pretty comprehensive list of tasks (psi is not listed there, but can be found elsewhere). The ADA requires tasks, plural, I think, but that may mean only two or three tasks.)

2. Call your dog control, and ask if that dog has been approved for a service dog license. Remember, not everybody will have one, but maybe most people would. I didn't for the first 2 years because I didn't know of them.)

3. Talk to his neighbors and friends, find out through casual or pointed questions if the person is disabled (re the ADA) Remember many disabilities are invisible, and people may not know of them. Many people don't advertise the fact they are disabled.

4. Does the person have any other indication of disability, handicap sticker, for instance, or any modifications to the house yard, or vehicle? The absence of either is also not an indication he is not disabled.

*Definition of Disability (ADA)
(2) Disability.--The term "disability" means, with respect to an
individual--
(A) a physical or mental impairment that substantially
limits one
or more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment

A: The ADA covers a wide range of individuals with disabilities. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. (that's NOT for the neighbors or the board or mc to decide)
Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. To be substantially limited means that such activities are restricted in the manner, condition, or duration in which they are performed in comparison with most people.