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SheliaH (Indiana)
Posts: 6,964
Posted:
This time we have an article on failed service animals. Why should you care? Well, what do you do if the board grants an exemption to a service animal, it's not doing the job, but the owner has become attached to the animal and doesn't want to give it up? This article isn't about HOAs, but may give you something to think about:

https://themighty.com/2018/11/service-dogs-standards-maxfield-autism-ry-con/?utm_source=cordial&utm_medium=email&utm_campaign=segment_hot_daily_article_recommendation

In case anyone's wondering - I LOVE animals and have seen service dogs in action - a co-worker in my previous job used to foster puppies who would eventually be trained as service dogs. Part of the training consisted of her bringing the dog to the office so it would get used to office settings, it and was impressive to see the dogs in action.

On the other hand, I HATE people gaming the system, and since more animals are used as physical assistants (e.g. for people with epilepsy) and emotional support (for veterans with PTSD), HOAs with restrictions on dogs, cats and other critters may want to get educated on what the animals should be doing, as well as the pros and cons. Some communities may need to rethink their restriction on some animals, which may require changes to the CCRs. By educating themselves, people can make more informed decisions that are best for their community.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
The main issue I have with the whole service animal business is this:

At least in my area, the large majority of communities are "pet friendly". It's a real chore to find a community that does not allow animals at all. So people who need a service animal are spoiled for choice (and the choices are NICE communities), while those who don't want to live around animals - allergies, phobias, just plain don't like them - are pretty much out of luck.

Thanks to our laws, people's right to bring a service animal into a no-animal community will supersede the rights of those with pet issues (and severe allergies and phobias are legit disabling in my book). This is less of an issue in single-family home HOAs, but condo buildings can present a challenge for keeping animals and their "effluvia" away from people who can't be around them. This latter group is basically told to suck it up or move, and good luck with that.

I think this puts association boards in the middle of a mess that can't be resolved satisfactorily, because it's a case of competing rights. Upholding one person's rights automatically means violating the rights of someone else. I'm just waiting to see a lawsuit when a person in a no-animal community goes into anaphylactic shock because he's been exposed to his neighbor's service animal's dander.

I know the law isn't changing any time soon, but I question how "reasonable" a reasonable accommodation is if the person is deliberately choosing one of the few communities where the accommodation is needed rather than choosing one from among the large number where no accommodation is necessary.

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