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AutumnP
Posts:0
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| 05/13/2006 6:33 PM |
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Hello all, I am contemplating a move to a HOA condo rental soon, and was informed by the property owner that the HOA has a weight limit of 30 pounds for dogs. I have a service animal that is closer to 50 pounds. Now I'm worried that the HOA might not approve her. I cannot part with her as she is my service dog and family member. Could someone, especially if you are in the NV area, let me know the basic rules and regs. on this subject?
Blue in CA |
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HaroldS
(Arizona)
Posts:904
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| 05/13/2006 10:37 PM |
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| Autumn - a service animal is not a pet. Surely you already know this. Federal fair housing laws and the Americans with Disabilities Act, have strick guidelines to allow people with service animals free access where other animals may not be allowed. I don't see how they can deny your dog if you have proof that you need it. Harold |
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BrianB
(California)
Posts:1741
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| 05/13/2006 11:09 PM |
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HOA's must allow reasonable accomodations for those with disabilities. They are not a public or governmental body, so they don't "have to" by law, but they must work towards a reasonable accomodation. You should check with them and see if they intend to be reasonable. I, for one, believe that allowing most any service animal needed by someone to be allowed to live in an association would be reasonable.
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AutumnP
Posts:0
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| 05/14/2006 3:43 AM |
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Thank you Harold, and you're right I do know that service animals are not 'pets' in the general term. I also keep a copy of the Service Disabilities Act guidelines on hand just incase. I guess I just was worried about the 30lb pet rule, and panicked a little. Thanks for you speedy reply though.
Not Blue in CA anymore. Autumn |
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AutumnP
Posts:0
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| 05/14/2006 3:46 AM |
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Also, Thank You Brian. You and Harold are sure on your toes!ha
I'm going to recommend your HOATalk Board to my friends.
Autumn |
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HaroldS
(Arizona)
Posts:904
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| 05/14/2006 11:05 AM |
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Brian - I must respectfully disagree with you. Autumn is RENTING a condo in Nevada. I don't think HOA rentals are exempt from national or state laws. In addition to Federal laws, here is a quote from the Nevada Revised Statues:
"NRS 118.105 Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service.
1. Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because an animal will be residing with the prospective tenant in the dwelling if the animal assists, supports or provides service to the person with a disability.
2. A landlord may require proof that an animal assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person’s disability."
So Autumn - make a copy of NRS 118.105, and be aware they cannot ask you what your disability is. All they can ask for is a statement from your health provider that a service animal is required.
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BrianB
(California)
Posts:1741
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| 05/14/2006 7:29 PM |
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| thanks Harold... didn't see the Rental aspect. You are correct! |
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