Communities are not allowed to discriminate against residents who have been prescribed a service animal or emotional support animal under this statute. The legislation trumps all condominium rules and regulations, including limitations on the types and sizes of animals that are permitted.
If your community refuses to accept your service animal or emotional support animal, you have the right to take them some other place where they will be accepted. You should also tell the management company of your community if they refuse to accept your service animal or emotional support animal so they can make changes if necessary.
Service animals are trained to assist people with disabilities. Examples include dogs who guide blind people or those with visual impairments by barking for directions or pulling levers. Emotional support animals provide relief from anxiety or depression. Examples include cats or birds who provide comfort through physical contact or merely being near their owners.
People are allowed to bring their service animals or emotional support animals to communities, even if they aren't required by law to do so. However, communities have the right to ask visitors to prove that they have a legitimate reason for bringing their animal into the community. This may include showing an identification card or license from a government agency such as the Department of Health or proof that the animal has been trained as a service animal.
Calabrese Law Associates' condominium lawyers have encountered circumstances where the condo's bylaws do not address the usage of emotional support animals. "Service animals" (dogs and miniature horses) are protected by federal and state legislation, thus condominium boards and unit owners should be aware of this section of the law. If your condominium document does not include service animal provisions, they can apply for an exemption from doing so.
Condo owners should also be aware of changes to pet ownership laws in California. From January 1st 2019, it will be illegal to refuse admission to someone because they cannot provide proof of having adopted a pet within the last year. Previously, cities could pass their own ordinances regarding pets, but now they must go through the process of adopting a policy that is consistent with state law.
In addition, there is now statewide legislation prohibiting discrimination against people who possess psychiatric disorders which cause them to feel threatened or anxious when around certain animals. This new law applies to all areas of employment including condos, and provides protection against termination, denial of employment, or any other form of discrimination based on these conditions.
People who suffer from anxiety when around certain animals may benefit from counseling to learn how to better control their emotions. Psychiatrists are trained to diagnose mental illnesses and prescribe medications if necessary. They can also advise patients on how to live life stress-free and promote healthy relationships.
There are methods to convince the board to accept a comfort pet, and service animals cannot be limited. (AP Photo/Mary Altaffer) Pets of any type are not permitted in your condominium, with the exception of fish and birds. A unit owner requests that the board of directors allow them to retain a dog since they require the comfort that the animal provides. What should the board of directors do?
The board should understand that this person is unable to leave their dog at home because it requires care and attention that they cannot provide. If possible, they would like the option of bringing their dog with them when they move into or out of the complex. Since dogs are an emotional support animal, there is no limit to how many you can have with you at one time.
Your condo corporation has the right to set rules and regulations for everyone who lives in its community. In this case, the board may decide that due to health and safety concerns about other pets being left in units, that service animals are allowed only. They could also choose to let each unit owner bring a comfort animal from home so long as it does not exceed a certain number per household. Or, they could make an exception for this particular dog by allowing it to stay with its owner even though it is not considered a first-priority housepet.
It's important to remember that a service animal's ability to provide assistance does not depend on its owner having a mental disability. For example, a blind person's guide dog is still able to meet the definition of a service animal.
If the renter qualifies for reasonable accommodation, tenant requests for assistance animals are legally enforceable. To assist housing providers in understanding their responsibilities for reasonable accommodation, the Department of Housing and Urban Development (HUD) provides additional clarity on service animals and assistance animals.
They do not qualify as service animals under the ADA since they have not been taught to perform a specific job or duty. Some states or local governments, on the other hand, have regulations that enable individuals to bring emotional support animals into public spaces.
Service Animals and Emotional Support Animals in Condominiums and Homeowner Associations While a condo or HOA board may limit the weight of dogs to 30 pounds, they cannot tell a disabled person that they cannot have a service dog or emotional support animal that weighs more than 30 pounds. Many service animals (for example, a blind person's guide dog or a veteran's PTSD-supporting sheep) weigh much more than 30 pounds.
People who live in condos or in HOAs usually can't keep dogs as pets because they don't have enough space for them to run around and be dogs. But that doesn't mean that they can't provide support for people with disabilities. Service animals and emotional support animals can help people with various needs do things like push buttons for the deaf or blind, take notes for individuals who are hearing impaired, bring peace of mind for those who suffer from anxiety or depression, and more.
Dogs have been used for support services since at least 600 B.C., when historians believe a Chinese official in charge of agriculture reported back to his emperor that one of his subordinates had a good harvest because he had brought along a well-fed and well-trained dog. Since then, many different breeds have been developed to meet the needs of different persons and situations.
Furthermore, most condo documents empower the board to enact restrictions governing the usage of units, which would include pet ownership. As a result, in most organizations, if the majority of owners believe that specific dogs pose a problem to the organization, laws can be enacted to address this. These can range from regulations on size to bans on certain breeds.
In addition to these legal requirements, many condo boards also enjoy broad discretion to regulate pets within their complexes. This may include requirements that animals be kept inside or removed from the building, or that they be kept under control. Some boards may even have the authority to prohibit animals from being left in units as a way to protect residents' interests in quiet enjoyment of their premises.
If you own a unit in a condominium property, you will need to understand the bylaws of your organization and follow any rules they may have regarding pets. In addition, you will need to know your rights as a unit owner and not violate any rules or act inappropriately toward other owners. If you fail to do so, you could be asked to give up your pet or face further action against you.
Additionally, if there is a change made to the bylaws that prohibits cats or dogs, then anyone who owns a unit in the complex will be notified via mail or email.