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Law Allows Service Dog In Condo

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: June 12, 2008

I am a disabled senior citizen having to rely on a service dog. It is a certified service dog prescribed by a doctor for hearing assistance as well as companionship relative to my sickness. I have all the necessary paperwork for those who have a good need to know.

Earlier this year at a condominium meeting, pets were on the agenda. It was decided that no pets are allowed with the exception of service animals, which was correct because service animals are protected by federal and state law. Lately, however, there are about five in my building who say since "no pets" is in our bylaws, my service dog should go.

This has devastated me since I have bonded with my dog and rely on him for company. Can a doctor-prescribed certified service animal be prohibited from a Florida condominium?

E.C.

Largo

Since you have the necessary documents from your doctor, you should not have any problem keeping the dog. Your board was correct to approve the wording to allow service animals.

Some insensitive people do not feel disabled people should have special handicap parking and other special allowances. I assume these owners have similar objections to your service dog. They are incorrect in their way of thinking.

Some people do not get the message that disadvantaged people have special needs. Someday they may get the message when they have special needs as well.

Do not worry; just smile and give your dog a biscuit and a pat on the head. He is doing his job.

Our condominium board is considering adding a rule to our house rules. We have been told that this would be legal. The rule would be that a unit owner must be present when invited guests/ visitors are in the unit. In other words, any guest, visitor, relative, etc., invited to use the condo while vacationing would not be allowed unless the owner were present.

How could such a rule ever be enforced? Is it legal for the board to tell a unit owner how he must use his condo?

L.W.

West Palm Beach

If done correctly, it could be enforced. I recommend that you have your attorney review the new policy. I have often said that the final decision of enforceability of a rule or policy is a judge. That is the reason you must have an attorney review the proposed rule.

As to enforcement, that would take the support of the members. Security of your association is a responsibility of all residents. If they observe a stranger on the property, they should report the matter to the board, management and police.

As to the last question, sometimes the association can have rules that do impact on the private use of the unit. It is one of those situations that needs careful utilization of any powers by the board and the association.

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