Homeowners and service dogs

[jumpstartrn]

What is the name of your state? Florida

Good Evening,
I am writing on behalf of the elderly couple that lives in a town home near my mother. They purchased the town home approximately 2.5 years ago. At the time they moved in, they brought with them their collie. They also brought a note from the family physician stating the dog was a therapy dog. The husband suffers from balance issues along with dementia. The bigger dog is needed for him to lean against. There is a clause in the HOA's rules giving a weight limit of 25lbs. They have ignored this dog for 2.5 years and now there is rumor of them making the couple give the dog up. FYI...this dog never barks, bites...its better then most dogs out there! The owners clean up after her and she is never unattended. There is ONE man that is making a stink about the dog...everyone else is fine with her being there.
My question is with a Doctors note stating the dog is needed, can they enforce the eviction of the dog? Should I contact the Americans with disabilities?
Thank you for your time,
Tracy

 

[PghREA]

Right now your working with information that is heresay.

"A note from the doctor is on record with the management." Did you see the note? Were you a party to the discussion about the dog with management when the couple moved in.

"There is a rumor of making the couple get rid of the dog." - It' s just a rumor.

Your intentions are good but until the couple receive a written notice from management
about the dog, you should just stay out of it. You could be making a mountain out of a mole hill and causing problems where none exist.

 

[>Charlotte<]

The 2007 Florida Statutes
Chapter 413

413.08 Rights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties.--

(1) As used in this section and s. 413.081, the term:

(1)(a) "Housing accommodation" means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons, but does not include any single-family residence, the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(1)(b) "Individual with a disability" means a person who is deaf, hard of hearing, blind, visually impaired, or otherwise physically disabled.

(1)(d) "service animal" means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet.

(6) An individual with a disability is entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons

(6)(b) An individual with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this section, and such a person may not be required to pay extra compensation for the service animal. However, such a person is liable for any damage done to the premises or to another person on the premises by such an animal. A housing accommodation may request proof of compliance with vaccination requirements.

http://www.flsenate.gov/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=service+animal&URL=CH0413/Sec08.HTM

 

[jumpstartrn]

Homeowners and Service dogs

Thank you both for your replies!
I would love to "stay out of it" but the RN in me can't stand to see two lovely elderly people worry on a daily basis over losing their dog. The wife is already stressed over the husbands daily walks despite the dog going with him.
I truly hope this is a mountain I am creating in my mind. I am, however, going to make sure that when or if the HOA makes its move, I am prepared to help them. I am hoping the rumors are just that...rumors.
Take care and have a great day...I look forward to learning a lot on this forum!
Tracy

 

[>Charlotte<]

The thing to remember here is that service animals are not pets and the rules for pets cannot be applied to service animals. To put it in its proper context, anyone who takes issue with the presense of a service animal should re-state the problem and replace the word "animal" with, for example, "wheelchair."

"He shouldn't be allowed to have that animal."
"He shouldn't be allowed to have that wheelchair."

There actually are some circumstances under which the presence of a service animal can be disputed, usually if they're not properly trained. If the animal is aggresive, that's a problem. If the animal is taken into a restaurant and walks around wagging his tail into other patron's lunches, that's a problem. The point is, not all service animals get carte blanche preference in all circumstances, but they must pose an actual hazard to be considered objectionable.

 

[fairisfair]

there has been a multitude of excellent information regarding service animals posted to the forum. I would suggest utilization of your search feature.