![]() A copy of this Notice can be found on the HUD website or you can simply click this link to read it in it’s entirety. The Notice came out on Apand is referred to as FHEO-2013-01. Department of Housing and Urban Development (HUD) came out with an advisory notice to help people understand the obligations of housing providers under the various Federal Acts including the FHAA and the ADA. ![]() People with disabilities that require assistance animals or animals for emotional support are protected from such restrictions under the Fair Housing Amendments Act (FHAA). For example, while a Condo or HOA Board may restrict the weight of pets to 30 pounds they cannot tell a person with a disability that they cannot keep a Service Dog or Emotional Support Animal that is over 30 pounds. One of the big problems with Condo Boards enacting Pet Restrictions and Condo Pet Rules is that they do not apply to Assistance Animals such as Service Dogs and Emotional Support Animals. In addition, if the Board is enacting Rules and Restrictions on it’s own without a vote of ownership, the Rules and Restrictions must be within the scope of the Board’s Rule making authority and cannot contradict the Declaration of Condominium or a right that can be reasonably inferred therefrom. While it is true that Associations can enact Rules and Restrictions concerning an individual’s use of the common elements and even their own unit, these Rules and Restrictions must not be unreasonable or arbitrarily enforced. ![]() In addition, many Florida Condominiums and Homeowner Associations are attempting to restrict things like the size, weight and breed of the animal, as well as the number of animals, and even where the owner can walk the animal on the Association Property. Many individuals use the wrong terminology referring to their animal as a “ Service Pet” or “ Emotional Support Pet” or “ Therapy Pet” causing the Association Attorney to question their request. Unfortunately there have been some negative case decisions combined with the fact that many Condo Associations and HOA’s don’t really understand the laws dealing with Assistance Animals like Emotional Support Animals and Service Dogs. Typically these Service Dog Certifications obtained online are red flags for the Condo and HOA Associations as neither the Fair Housing Act nor the Americans With Disabilities Act require any type of certification. Many people have gone online looking for Service Dog Certification and obtained Emotional Support Dog Kits or tried to Register a Service Dog that was really an Emotional Support Animal. The majority of the calls are from individual owners concerned about various Condo Pet Rules and HOA Rules restricting their ability to keep pets as well as Assistance Animals such as Service Dogs and Emotional Support Animals. I have been getting a considerable amount of calls lately from Condo owners and Homeowners here in Fort Lauderdale, Miami, Aventura, Naples, Sunny Isles and Boca Raton.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |