Posted on 12/23/2017 4:19:56 PM PST by billorites
Seventy-year-old Robert L. Brady has until Jan. 11 to give up Bane, the mixed-breed sidekick that his psychologist deemed as an emotional support dog.
His Conway-area condominium association won an arbitration order Dec. 12 requiring the Vietnam veteran to surrender the 4-year-old dog because it exceeds the community’s 35-pound weight limit for pets. Bane weighs about 41 pounds. The canine now faces an uncertain future even as assistance dogs have gained greater access to communities, restaurants and shops.
“The reason I don't want to lose him is that he keeps my mind off the war and everything. He's just a wonderful companion,” said the widower, who retired last year from working as a theme-park bus driver. “My life would be lost without a good companion and that's why I'm doing all I can to keep from having to get rid of him.” Bane Bane's fate is uncertain since he exceeds community weight limits but is deemed an emotional support dog. (Orlando Sentinel)
Brady’s attorney, Jonathan Paul, said the association discriminated by looking only at the dog’s weight without considering the disabled military veteran’s documented need for an emotional support animal. He said they are also seeking guidance under federal fair housing laws aimed at protecting housing rights of disabled residents.
Homeowner and condo associations are among those grappling with the boundary lines for emotional support dogs. Unlike service dogs trained to assist disabled people with daily tasks, emotional support animals don’t require training. They can be any species and require no certification to assist owners who have psychological disabilities, according to a June article published by the National Institutes of Health. In Florida, one association lawyer is seeking legislation to further clarify issues related to emotional support animals.
(Excerpt) Read more at orlandosentinel.com ...
Yeah, it’s a scam, but I can’t help but be sympathetic towards people and their pets.
Do some research and find hundreds of violations of fire code, Americans with disabilities violations, local ordinances. There are ALWAYS lots of violations... weeds too high on association property, swimming pools in violation of safety regs. They back off real quick to protect themselves from you.
I even found that our homeowner’s association enforcer’s house was built too close to his property line in violation of the municipal laws and association regs without a zoning variance. He is my neighbor. He does not want to move a $750k house.
Do not ever, never ever, get involved with a homeowners association. Half the people who buy into these shams regret the decision.
A scam is a scam. I’m somewhat sympathetic to the old guy too, but the rules are the rules. If they make an acceptation for him then they are going to have to make the same exception for anyone else who claims their pet, no matter the size, breed, type and suitability, etc. is an emotional support animal.
Let me welcome you to your new neighbor and his emotional support pit bull and your other neighbor with his emotional support elephant.
I have known of homeowners associations where most of the neighbors hate each other and have on-going never ending disputes and squabbles with others wanting to kill the members of the board and on and on.
Who weighed the dog in the 1st place?
Was he mandated to put the thing on a scale ?
Just ask Ron Paul
He was dumb to buy into a homeowners association. Him and millions of others have major regrets. They’re a trap!
Well that's the thing then. He regrets purchasing a home that had an HOA, knowing full well what the rules were before purchasing and signing on to it, agreeing to it. So he can get a pass by claiming his dog is an "emotional support" animal rather than what it is, a pet.
Hey, some of these HOA people are nuts. And ya get on their wrong side and they’ll rat you out any chance they get for any stupid infraction.
I’d never buy into one...But know a friend who fought them for 4 years. It’s why the houses in HOA’s are generally always cheaper. Most people are wise to HOA’s. Then they get the suckers on the fees, fines, threats, then raise the HOA fees all the time on and on.
I will probably get flamed for agreeing with you but facts are facts. Sometimes they are not pretty things.
Lots of folks get really attached to their dogs. Especially older folks and the ones who are alone.
Many Florida Condominium Associations have made it increasingly more difficult for individuals with assistance animals like Service Dogs and Emotional Support Animals. Contrary to both State and Federal Laws, some Associations have refused to allow Emotional Support Animals, like Bane, and will only allow individuals with Service Dogs.
The main differences between Service Dogs and Emotional Support Animals are that Service Dogs require specialized training to assist their owner with a disability related task while Emotional Support Animals do not need specialized training. He may be a loving animal. But that doesn’t over rule the size consideration speculated in the contract.
According to HUD, Emotional Support Animals, by their very nature may relieve depression and anxiety, and help reduce stress-induced pain in persons with certain medical conditions affected by stress. Unfortunately, most individuals are unaware of the fact that while Emotional Support Animals are recognized by the Fair Housing Act (“FHAA”) they are not covered by the Americans with Disabilities Act (“ADA”). That means that you cannot bring Emotional Support Animals to public places like stores, restaurants and shopping malls.
In light of the recent changes to Florida Law and the ever increasing problem with people misrepresenting their need for these assistance animals, Florida Condo Associations and HOA’s have been cracking down and have made it much more difficult for people to obtain an accommodation to the Association’s Pet Restrictions or Pet Rules. However, the size rule does apply to everyone. And since Bane is not a recognized as a disability service dog but an emotional support animal, he won’t qualify as an animal that can stay in the court.
Mr. Brady should have been more careful when he signed the contract. It is unfortunate, but it is the law.
rwood
You are correct but the law backs him.
You are correct but the law backs him.
A famous Bizarro cartoon: man and wife get a shrub tossed through their broken window with the note, Maybe next time you’ll think twice before planting a shrub not approved by the Association.
My guess is he forgets to clean up after the dog.
Those that claim their animal is registered as such, merely paid a fee to get a piece of paper which means nothing. The pretty vests are available for sale from those same paper issuing mills.
An "Emotional support" animal should be, by most health department regulations, barred from restaurants, unlike a real "Service Animal," which must be allowed, per Federal and State law.
Wow, way to be a horrible Grinch condo association. This is a VET. The lack of compassion is mind blowing.
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