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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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Service animals are not considered Pets. In Condos, they of

Customer Question

Service animals are not considered Pets. In Condos, they of course cannot invade someone else's home. However, the common area is a gap area which I do not believe has been addressed.Is it common area under the ADA RULES under the Justice Dept. and therefore considered Public Area, like a blind person wanting to take an elevator down the the lobby, or is it the Fair housing regulations which are different ?
You are a Real Estate Attorney. This comes under the Justice Department Americans for Disabilities Act. Are you an expert in it overriding the HOA rules?
Submitted: 24 days ago.
Category: Real Estate Law
Expert:  Barrister replied 24 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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It has been clearly established that state and federal fair-housing laws apply to service, companion and therapy dogs, and condo / co-op boards must make reasonable accommodations for a physically or psychiatrically disabled homeowner to bring these types of dogs into the building.

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That means that anywhere the owner/resident can go, they can take their service animal, regardless of any Condo policy.

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However, the Board can impose reasonable restrictions on the owner such as requiring any service animals to be in the company and under the control of the owner at all times in any common areas. If the owner violates those rules, the animal can be banned from being there as a safety issue.

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Further, the Board can impose restrictions on noise and other nuisances so if the animal is being unreasonably loud or disruptive, it can be prevented from being in the common areas.

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And obviously, the owner is completely responsible for any damages or injury that might happen if they take the dog into a common area.

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As for overriding any HOA rules, if you are looking for legal representation, you would have to contact a local disability rights or consumer protection attorney to represent you in court if you have a dispute with the HOA and they are imposing some type of punitive actions against you. The attorneys on JustAnswer are limited to answering questions and providing legal information.

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thanks

Barrister

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