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If a disabled shareholder receives a false complaint about

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her dog and has received...
If a disabled shareholder receives a false complaint about her dog and has received harassing and inflammatory letters from the coop board which has only worsened her disability, is the coop board required to tell the shareholder who made the complaint and do they have a right to respond before receiving such accusatory letters?
Submitted: 2 years ago.Category: Legal
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6/9/2015
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you with your concerns.
My apologies but I am a bit unclear as to your question. Are you asking if the coop board has a duty to provide the identity of the complainant to you, the victim of the complaint? Please advise if I understood correctly.
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Customer reply replied 2 years ago
Yes. This is for my sister as she is disabled. The building has been harassing her since her mental disability became more obvious. A shareholder complained that she or her husband r brushing their dog in the hallway (not true) and couldn't name whether it was my sister or her husband. A rather curious thing not to know who. They have been residents of the bldg for 29 years first as rentors then as shareholders and never received any complaints or disrespect from bldg workers until now. In fact just yesterday the managers secretary passed by her and said "I see u now have an even bigger dog".
She is legally disabled and is now being harassed with letters, no heat and snide comments which only makes her disability worse just to give u some background info. BTW their dog who recently died was a service dog and the new one is being trained to be one.
Is she entitled to know name of complaintant, isn't this highly discriminatory and disregards ***** ***** laws? If she were blind no one would say boo. What can she do? Thank u
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Thank you for your follow-up.
To answer directly, there is absolutely no duty for the HOA to provide the identity of the complaint. This right 'face your accuser' is only for criminal law, and the HOA is not the courts or law enforcement.
Now as far as it being discriminatory, that may be the case. If your sister is legally disabled and the dog is a service animal, it is not longer treated as a 'pet' but as a tool. While the HOA can request that your sister abide by HOA regulations, they cannot put her down over the fact that she has a service animal. In return the service animal has to behave like one--and cannot destroy property or be aggressive or engage in any of such behaviors. If she genuinely believes that this is coming purely from her disability she should strongly consider sending them a letter stating that if they cannot adequately address and explain the complaints and behavior, she will pursue legal action based on the A.D.A. and state and federal housing laws as far as discrimination against someone with a disability.
Sincerely,
Dimitry, Esq.
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Customer reply replied 2 years ago
Thank you Dimitri,My sister's Service Animal was euthanized in March, 2015. The dog the coop is referring to is a 10 month old Newfoundland (as of the letter in May) , which at the time was losing its puppy coat. The dog at the time was over 100 pounds.Some information to clarify:
My sister is hoping that this dog can become her next Service Dog. I must note that it was a "kennel dog," comfortable with other dogs and shy around people. My sister has a lot of experience training dogs, and is hoping that she can help this puppy to work through it's new environment and develop the basic skills it needs to become a "Service Dog In Training." When you get a young dog, you never know if they will develop and meet the standards necessary to become a Service Dog. My sister was professionally advised to get a dog of this age because at the time she still had her former Service Dog, and the ages of each dog would work out best. Please note, that my sister has not advised the coop that her intentions are to make this puppy a Service Dog In Training because they are not entitled to the same legal rights as a full "Service Animal." She only takes the puppy to the places that other "pet" dogs are allowed in and around the coop.My sister purchased this breed specifically as it met her requirements to aid her in just a few of her disabilities. Yes, the size is large, however after seeking professional advice, that is one of the breeds recommended to her to satisfy the tasks the dog would need to perform. I add this because the building complained that the porters had to clean the dog's fur. In between porter cleanings, my sister and her husband also cleaned to ensure that the area remained clean. Therefore it's our position that their complaint is unfounded, biased and discriminatory, especially coming after first learning of my sister's disability 3 months ago while she's lived in the building for 29 years and has had 6 dogs of similar shedding, and had received not one complaint from management.Dimitry, now that you know this, do you still recommend including the sentences at the end of your statement? As well, after reading my reply, do you have any thoughts or information that should be included or removed?Sincerely
***** *****
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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