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Old 06-21-2017, 11:52 AM
 
13,369 posts, read 6,605,026 times
Reputation: 12823

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Quote:
Originally Posted by convextech View Post
It'll matter to your neighbors. Do you not like having friends?
did you miss the post where when large dogs were selectively removed the reaction of other residents was to be appalled?

One of them was a puppy that was clearly going to be too big but he wasn't yet. He was removed due to an a-hole who complained non-stop. The other target was also a minority person. It was grossly unfair. They are never going to remove ALL the too-large dogs. Never did. It would be insane and people would revolt. It will be POLITICALLY MOTIVATED. One of the wanna-be board members has been threatening to people 'If you don't sign our proxy, we will make sure your dog goes away'. These are not honest actors out to enforce a rule. They are crazy people. You can't walk a block w/o seeing several large dogs.
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Old 06-21-2017, 11:53 AM
 
16,722 posts, read 14,608,301 times
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Quote:
Originally Posted by jencam View Post
Oh please. Yes, that applies to service dogs, but gimme a break.

BTW, I didn't ask for opinions on whether I should do this, I asked if it will work.
By the way, this is an online forum where you are stating you are trying to circumvent a law that is used for people who truly need ESAs. People like you make it harder for those people to get the help they need.
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Old 06-21-2017, 11:57 AM
 
13,369 posts, read 6,605,026 times
Reputation: 12823
Quote:
Originally Posted by convextech View Post
By the way, this is an online forum where you are stating you are trying to circumvent a law that is used for people who truly need ESAs. People like you make it harder for those people to get the help they need.
People like me who ask questions? BTW, how do you know I don't have depression or anxiety or PTSD? Odd that is assumed.

All I asked is whether ESAs trump HOA size restrictions as they do 'no pet policies' in apartments. I never said whether the dog would be legit, did I?

Maybe we could just stick to the actual topic?
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Old 06-21-2017, 12:09 PM
 
Location: North Idaho
22,505 posts, read 28,416,758 times
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Quote:
Originally Posted by jencam View Post
........
All I asked is whether ESAs trump HOA size restrictions as they do 'no pet policies' in apartments. I never said whether the dog would be legit, did I?

Maybe we could just stick to the actual topic?
OK, sticking to the actual topic, a legitimate emotional support dog trumps the HOA, but you can't just declare that your pet is an emotional support animal. If you are going up against the HOA that wants you out, they are going to make you comply with the law about what constitutes an emotional support animal, and that means you can not simply declare that the dog is an emotional supports animal and a note from your family doctor that the pet gives you comfort is not going to do it, either.

You come onto a public forum to declare that you hope you can make life difficult for the people who really need their service animals and you really should not be surprised if you get called out on it.
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Old 06-21-2017, 12:46 PM
 
Location: Illinois
122 posts, read 61,936 times
Reputation: 306
If you would have bothered to read the link that DubbleT provided you, you would have had a good start to the answer to your question (boldface mine):

11. What if I live in a city or county that has a ban on certain breeds of dog?
HUD states that breed, size, and weight limitations cannot be applied to assistance animals. A housing provider must look to the see if the specific assistance animal in question poses a threat to other residents. One court has found that "if the County ordinance were enforced it would violate the FHA by permitting a discriminatory housing practice." See Warren v. Delvista Towers Condo. Ass'n, Inc., 49 F. Supp. 3d 1082, 1089 (S.D. Fla. 2014). The court in that case actually found that the FHA preempted or took precedence/authority over the ordinance that banned the particular breed of dog. While HUD does not specifically state anything about local breed bans, it does provide in its notice to housing providers that breed limitations cannot be applied to assistance animals. (FHEO Notice: FHEO-2013-01 at page 3). Note that assistance animals are only allowed in housing and a banned breed may not be taken to places of public accommodation like service animals.


How I (not a legal opinion - consider that I am a law abiding dog owner; therefore, have no skin in this game) interpret this is that you are allowed to have a legitimate ESA in your home and property regardless of what the HOA rules say. However, you will not be allowed to walk your dog in your neighborhood or to any other areas that the public may have access to.

If you would please read this time a good discussion from landlords about what is considered a legitimate ESA. It will give you good insight of what experienced landlords know what to look for and how they will document a given ESA. I would expect that a HOA board would do the same.

Mrlandlord.com Landlord Discussion Board

p.s. What a HOA board did or did not do in the past is water under the bridge. No relevance to your current question.
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Old 06-21-2017, 12:46 PM
 
13,369 posts, read 6,605,026 times
Reputation: 12823
Quote:
Originally Posted by oregonwoodsmoke View Post
OK, sticking to the actual topic, a legitimate emotional support dog trumps the HOA, but you can't just declare that your pet is an emotional support animal. If you are going up against the HOA that wants you out, they are going to make you comply with the law about what constitutes an emotional support animal, and that means you can not simply declare that the dog is an emotional supports animal and a note from your family doctor that the pet gives you comfort is not going to do it, either.

You come onto a public forum to declare that you hope you can make life difficult for the people who really need their service animals and you really should not be surprised if you get called out on it.
I declared no such thing. That is quite an assumption. And we are not talking about a service animal.
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Old 06-21-2017, 12:47 PM
 
13,369 posts, read 6,605,026 times
Reputation: 12823
Quote:
Originally Posted by oregonwoodsmoke View Post
OK, sticking to the actual topic, a legitimate emotional support dog trumps the HOA, but you can't just declare that your pet is an emotional support animal. If you are going up against the HOA that wants you out, they are going to make you comply with the law about what constitutes an emotional support animal, and that means you can not simply declare that the dog is an emotional supports animal and a note from your family doctor that the pet gives you comfort is not going to do it, either.

You come onto a public forum to declare that you hope you can make life difficult for the people who really need their service animals and you really should not be surprised if you get called out on it.
They won't want ME out, but it's possible they will be punitive against those that did not vote for them, which I politely told them I will not be doing when they came to my door.
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Old 06-21-2017, 12:51 PM
 
13,369 posts, read 6,605,026 times
Reputation: 12823
Quote:
Originally Posted by Standards13 View Post
If you would have bothered to read the link that DubbleT provided you, you would have had a good start to the answer to your question (boldface mine):

11. What if I live in a city or county that has a ban on certain breeds of dog?
HUD states that breed, size, and weight limitations cannot be applied to assistance animals. A housing provider must look to the see if the specific assistance animal in question poses a threat to other residents. One court has found that "if the County ordinance were enforced it would violate the FHA by permitting a discriminatory housing practice." See Warren v. Delvista Towers Condo. Ass'n, Inc., 49 F. Supp. 3d 1082, 1089 (S.D. Fla. 2014). The court in that case actually found that the FHA preempted or took precedence/authority over the ordinance that banned the particular breed of dog. While HUD does not specifically state anything about local breed bans, it does provide in its notice to housing providers that breed limitations cannot be applied to assistance animals. (FHEO Notice: FHEO-2013-01 at page 3). Note that assistance animals are only allowed in housing and a banned breed may not be taken to places of public accommodation like service animals.


How I (not a legal opinion - consider that I am a law abiding dog owner; therefore, have no skin in this game) interpret this is that you are allowed to have a legitimate ESA in your home and property regardless of what the HOA rules say. However, you will not be allowed to walk your dog in your neighborhood or to any other areas that the public may have access to.

If you would please read this time a good discussion from landlords about what is considered a legitimate ESA. It will give you good insight of what experienced landlords know what to look for and how they will document a given ESA. I would expect that a HOA board would do the same.

Mrlandlord.com Landlord Discussion Board

p.s. What a HOA board did or did not do in the past is water under the bridge. No relevance to your current question.
So she can't walk around and go potty outside? That doesn't make sense. Walking her on community property is not the same as 'public accommodation'. I do know the laws for service dogs and am not thinking of making her a service dog.
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Old 06-21-2017, 01:01 PM
 
16,722 posts, read 14,608,301 times
Reputation: 41111
Quote:
Originally Posted by jencam View Post
I declared no such thing. That is quite an assumption.
You've talked yourself into such a large circle, you seem to have forgotten what you said:

Quote:
Originally Posted by jencam View Post
If the bad people take over and go around enforcing against people who didn't vote for them, as one of them has threatened some with large dogs, I really do not care what they think is fair as they are not fair and right.
Here you are saying that you don't care who is in charge, you will do whatever it takes to get your way.
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Old 06-21-2017, 01:03 PM
 
16,722 posts, read 14,608,301 times
Reputation: 41111
Quote:
Originally Posted by jencam View Post
how do you know I don't have depression or anxiety or PTSD? Odd that is assumed.
Did you forget about this, too?

Quote:
Originally Posted by jencam View Post
this dog has to have a waiver of some sort if it comes to that and I want to start preparing if it's needed.
...
But perhaps ESA is the way to go if that is a slam-dunk
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