Rules on dogs, pets and disabilities

Started by hoatalk • 11 replies • 2258 views

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hoatalk (California)
Posts: 599

Posted:

With all the talk of dogs here recently, I found an article in the HindmanSanchez newsletter interesting. It's called: "Beware of Dogs! Requests for Comfort Animals Could Bite Homeowners Associations"

The article discusses under what conditions associations should grant homeowners pets, for comfort reasons, under various disability laws.

Answer: It's not just for the obvious cases of the blind and other physical disabilities. Recent lawsuits awarded over $300,000 in damages to homeowners with mental disabilities that were not allowed pets.

Paste this address into your browser for more info:
http://www.imakenews.com/ortenhindman/e_article000609055.cfm?x=b7FQbBr,b4fWT1Ns

(Tip: Highlight...right click...copy)

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GeraldT1 (<Not Specified>)
Posts: 519

Posted:

Excellent posting, THANK YOU!!

As the article so eloquently points out, it is best to err on the side of being too flexible rather than too rigid, in other words, be reasonable and not narrow minded. Maybe everyone does not like dogs, or pets. But there are some who have the need for them.

Communities must seek legal advice when placing limitations upon pets. Unit owner’s rights can be infringed upon if rules and regulations are not reasonable, do not comply with their state’s fair housing act, or are developed to assess owners because of personal feelings.

GeraldT1

BrianB (California)
Posts: 2,820

Posted:

a smart place to start hanging your hat in this area is with a signed note/letter/prescription from a medical doctor.

If an MD says "my patient must have this animal for his/her health", and is willing to sign it, then you best allow it. (rule of thumb).

Note: I would not accept a note from an accupuncturist, chiropractor, psyhiatric counselor, etc. Medical Doctor (MD,DDS, Pharm D, Psych D, etc.).

My sister fights this battle all the time, until she got a signed statement from her medical doctor stating that her dog was a stress animal, and necessary for her health and mental well being. Since then, no one bats an eye: she works with it at a school district, etc.. Your first step should be to ask any owner who requests special dispensation to provide a doctor's note requiring care.

JohnW1 (Colorado)
Posts: 6

Posted:

as a new member to this discussion, would someone please tell me how to get the complete discussion on HOA rules for pets or comfort animals.
I am disabled and want to be afforded the right to have my dog on my property under our HOA rules without hassel or discrimination.
John

BrianB (California)
Posts: 2,820

Posted:

you can use the search function to find more threads about pets (many of which have a comment or two about the ADA and pets), but here is one that shows up.

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/2715/Default.aspx

JohnW1 (Colorado)
Posts: 6

Posted:

Brian,
thanks for the suggestion, but I could not bring up anything using that address. jw

JohnW1 (Colorado)
Posts: 6

Posted:

Gerald,
could you provide us more info on this pet issue, and comfort animals within HOA's. we have been hasseled for having a well-mannered dog,
thanks JW

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

JohnW1,

Each HOA has rules and regulations that are specific to that community, so you should first request your rules and regs.

HOA talk posted the link http://www.imakenews.com/ortenhindman/e_article000609055.cfm?x=b7FQbBr,b4fWT1Ns

Copy this to your web browser, it is an excellent place to begin your research regarding animals for medical, or emotional reasons.

As for more info on the pet issue, all I can say is that there is much passion on either side for and against pets in an association, rather than focus on the owners that refuse to ignore the rules.

GeraldT1

JohnW1 (Colorado)
Posts: 6

Posted:

Gerald
for some reason, I cannot copy and paste the link that you offered in your reply. is there another way to access that link? I've tried manually entering the address and still does not "show that address".
thanks, jw

hoatalk (California)
Posts: 599

Posted:

Posted By JohnW1 on 07/08/2006 9:42 AM

Gerald
for some reason, I cannot copy and paste the link that you offered in your reply. is there another way to access that link? I've tried manually entering the address and still does not "show that address".
thanks, jw

Go to www.hindmansanchez.com ... Click Newsletter ... Click Archived Editions ... Click on Issue 56.

You will find the article there.

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JohnW1 (Colorado)
Posts: 6

Posted:

Gerald,
thanks for the other path to the article #56 on dog issues with HOAs, I was able to get to that article,
JW

JosephW (Michigan)
Posts: 882

Posted:

There have beena number of court cases and articles about "comfort animals" Most are listed at:
http://www.communityassociations.net/ca_issues/archives/2006/03/comfort_or_companion_animals.html
There is also a web site "citizens for pets in condos" (http://www.petsincondos.org/ifdenied.htm)
that has various information. I wouldn't suggest using the sample doctor's letter. It's already made the rounds.

Joseph West
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Community Associations Network, LLC
www.CommunityAssociations.net
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