ggood advise was given to me

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

I took the advice to research before I posted a question on this site.
A lady came by Friday looking at the two available units. I had told her realtor earlier that we did not allow pets.

I happened to be in the laundry room when they came by so I took the time to show them more of our building. Shortly before they were ready to go, the realtor asked if we ever allow any exceptions to the "no pet" rule so I told her we do allow small birds and fish.

Then I was informed this lady has a service cat. After doing research, I believe the term she should have used was "assistance cat". I did tell her I would re check this for her since a lawyer who lives here (not the Association's lawyer)gave us written information indicating since we private we did not need to allow service animals.

After doing my own research it appears to me that as long as the lady has a doctor's note we do need to allow her "assistance cat"

Strange since for a service animal we are not even allowed to ask for a doctors' note.

Thanks for the good advice.

Most people here will not be too pleased if this lady moves in and brings her cat. But we have to follow the law.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

You and your board should change your pet policy as you now have a worthless policy that certifiably unfair to others in your development who would benefit from a companion animal.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By KellyM3 on 05/18/2015 5:44 PM

You and your board should change your pet policy as you now have a worthless policy that certifiably unfair to others in your development who would benefit from a companion animal.

That is kind of what I was thinking also. But since a few years ago the member voting an amendment to allow pets we need to approach the subject carefully. I think it is easy to get a note from a doctor indicating that a person needs a "assistance" (comfort) animal. We may also run this by the Association lawyer just to be certain.

I am not certain, but if the lady moves in with her assistance cat, I think the owner/Board member who asked about allowing a teenager to live with her if she married would probably move. When I told this woman about the cat she said I am highly allergic to cats.

PitA
Posts: 311

Posted:

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD/BOD]:

[NAME OF TENANT/OCCUPANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

see ?! - no 'thinking' required, merely compliance with ESTABLISHED doctrine

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By PitA on 05/19/2015 6:08 AM

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD/BOD]:

[NAME OF TENANT/OCCUPANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

see ?! - no 'thinking' required, merely compliance with ESTABLISHED doctrine

Thank you. Actually I saw this sample letter while doing my research.
I disagree with you that no thinking is required. The lawyer who lives on site pointed out to me that the articles I emailed for her and the Board to review deal with Landlords and Tenants and a condominium is a different situation. The lawyer who lives here although not the Association's lawyer is a consultant to the Board. She does give free advice. We still need to run this by our paid lawyer. Then if our paid lawyer agrees with our consultant in the future we can say we have had the opinion of two lawyers if the situation ever comes up again.

In my opinion a Board Member who does not "think" before agreeing to a decision has not business being on the Board.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Typing too fast. I meant has "no" business

KellyM3 (North Carolina)
Posts: 2,239

Posted:

No matter what, pets are really "humanized" in many households, including my own. This resident would suffer tremendous stress of losing her companion pet, whether or not the pet classifies under any federal law. Who knows if the cat is merely to alleviate loneliness or of some form of therapeutic value?

If the doctor's note is a hustle to circumvent long-agreed, neighborhood policy, that's a different story.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By BonnieG1 on 05/18/2015 6:16 PM

Posted By KellyM3 on 05/18/2015 5:44 PM

You and your board should change your pet policy as you now have a worthless policy that certifiably unfair to others in your development who would benefit from a companion animal.

That is kind of what I was thinking also. But since a few years ago the member voting an amendment to allow pets we need to approach the subject carefully. I think it is easy to get a note from a doctor indicating that a person needs a "assistance" (comfort) animal. We may also run this by the Association lawyer just to be certain.

I am not certain, but if the lady moves in with her assistance cat, I think the owner/Board member who asked about allowing a teenager to live with her if she married would probably move. When I told this woman about the cat she said I am highly allergic to cats.

Sadly, a cat is given better treatment - and a roof over its head - than letting a woman marry another human being without being forced to move because of the crime of having a step-child join the family. The HOA board wants this person to be lonely.

I don't get it but it's not my neighborhood. Good luck w/ the cat and wish the woman success in moving because she wants to marry.

PitA
Posts: 311

Posted:

a 'companion animal' is not, repeat not, a pet

a 'companion animal' would classify as a reasonable accommodation

you MAY ban or regulate pets

you may NOT (other than require the letter) ban 'companion animals'

if no letter of necessity from a 'pro' then it is NOT a companion animal

the fact that some people love their pets does NOT make them necessary companion animals

by definition the animal must serve a valid REQUIRED medical purpose

ps. a Pox upon your self-serving well intentioned 'volunteer' attorney

pps. HOAs have repeatedly been included in 'landlord' status once they make rules

GenoS (Florida)
Posts: 4,276

Posted:

So an airline can refuse my request to have my therapy companion, Drinky Time Squirrel, accompany me on a trip? I have a letter from Dr. Vinny Boom Botz that says I need him.

PitA
Posts: 311

Posted:

No, they may NOT.

However:

They are free to delay your travel until the veracity of the HUD approved format letter is verified.

This 'stuff' is not a joke to be taken lightly.

This is a modern serious issue.

A service animal requires 'papers' for the animal.

A companion animal requires 'papers' for the user.

GenoS (Florida)
Posts: 4,276

Posted:

It is a modern issue, that's for sure. Service animals such as seeing-eye dogs for blind people is something everyone should understand the need for. When you go beyond what's obvious, however, I question just how serious some of it is. Of course the law must be respected and complied with.

PitA
Posts: 311

Posted:

as per HUD people who have an actual (and certified) mental incapacity/illness are qualified for 'companion animals'

exact letter as per HUD:

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD/BOD]:

[NAME OF TENANT/OCCUPANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL][/quote}

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Sadly, a cat is given better treatment - and a roof over its head - than letting a woman marry another human being without being forced to move because of the crime of having a step-child join the family. The HOA board wants this person to be lonely.

I don't get it but it's not my neighborhood. Good luck w/ the cat and wish the woman success in moving because she wants to marry.

Actually the lady did not say for certain she was planning on marrying the man with the daughter. She just told me she had something on the back burner. At this point she is just considering it.

I had something on the back burner once but nothing came of it.

We did discuss the animal issue at our Board Meeting tonight and the consensus is we need to allow the assistance animal, but we are double checking with our paid lawyer.

Our on site free lawyer has given some good advice in the past, but I too think she is off base on the animal issue.

PitA
Posts: 311

Posted:

to repeat:

no 'thinking' required

get the PROPER letter

check its' authenticity

no letter = no animal

simple

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By PitA on 05/19/2015 7:08 PM
to repeat:

no 'thinking' required

get the PROPER letter

check its' authenticity

no letter = no animal

simple

I have already been told that she has a letter from a doctor. I agree with you no letter no animal. This person is not currently an owner but just interested at this point.

We had one prospective owner look at a unit a few months ago who had a service dog. I told her we did not allow pets but would have to allow her service dog. That is when the lawyer who lives on site first mentioned that we did not have to allow the service dog. The woman with the service dog decided not to buy the unit.

PitA
Posts: 311

Posted:

That is when the lawyer who lives on site first mentioned that we did not have to allow the service dog. The woman with the service dog decided not to buy the unit.

A statement made by a well intentioned, but obviously demented, 'volunteer'.

Y'all are VERY fortunate the seller is unaware of this issue.

Well meaning, but totally incompetent, volunteers will cost y'all $$$$$.

SERVICE ANIMALS ARE NOT PETS

? do your 'pet rules' apply to canes ?

? to walkers ?

? to ramps ?

? to younger live-in care takers ?

! nor do they apply to service animals !

PitA
Posts: 311

Posted:

to repeat:

no 'thinking' required

get the PROPER letter

check its' authenticity

no letter = no animal

simple

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bonnie

You keep getting yourself in the middle. Why did you even talk to the gal with cat?

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By JohnC46 on 05/20/2015 12:06 PM
Bonnie

You keep getting yourself in the middle. Why did you even talk to the gal with cat?

I have only talked to the gal with the cat once when she was here last Friday to look at the units. Her realtor at that time asked if there were any exceptions to the "no pet rule".

I have talked to the lawyer who lives on site about this issue but I have not talked to the gal with the cat or her realtor since last Friday.

PitA
Posts: 311

Posted:

Bonnie,

You are forcing me to be even blunter:

Your 'on site' lawyer probably should be disbarred, assuming he/she ever passed a bar exam in the first place.

Your ONLY task is to preside over the BOD meetings and execute the Covenants AS WRITTEN.