An Association may ban or restrict animals, if the restriction is: A) reasonable; B) enforced uniformly; and C) included in the governing documents. However, there are some exceptions: Service animals An Association may not ban service animals. A service animal is an animal that is trained for the purpose of assisting or accommodating a disabled…
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A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
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A recent case out of Florida highlights the tension between federal disability laws and their practical application for community associations. The case, Bhogaita v. Altamonte Heights Condominium Association, Inc., arose out of a military veteran’s need for an emotional support animal due to a diagnosis of post-traumatic stress disorder. The association’s governing documents prohibits animals…
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Many clients ask us whether they are obligated to pay for a sign language interpreter to be present at meetings at the request of a deaf homeowner. The short answer to this questions is yes. A community association must provide interpreters to enable deaf or hearing-impaired owners to participate in the association meetings. The only…
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Our clients contact us frequently to ask what accommodation, if any, must be made for owners (or even tenants) who have service animals. Based on extensive research and multiple experiences with clients responding to discrimination complaints, the information we provide to our clients is as follows. The FHA makes it unlawful to discriminate against any…
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We receive many questions from our clients related to owner requests for disability accommodations, such as permission to install a wheelchair ramp on association property. Our research on this issue has led us to share the following information with our clients: Associations must follow the requirements of the Fair Housing Act (the “Act”), even those…
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