Q: I live in a +55 co-op apartment complex owned by a corporation. Despite the rules prohibiting pet ownership, management recently allowed shareholders (owners of apartments) to keep their own comfort pets, including dogs and cats. These days, stores, offices, and public buildings have strict restrictions on animals, except for legal service dogs.Can the same rules apply to my building? How do I get my pet out of my building? —Kay
A: When you speak of a comfort pet, you probably mean an emotional support animal, or ESA. Associations, including co-ops, must make reasonable accommodations for people who require ESA support.
ESAs are not pets. Companion animals that provide therapeutic benefit to people with verifiable mental disorders or disorders.
Community homeownership comes in many forms, including condominiums, homeowners associations, and cooperatives. Despite these different forms of shared ownership, fair housing rules apply to all of them. A person who needs an ESA must apply to the association, and the association must make reasonable accommodations necessary for the resident’s well-being.
ESAs are not pets, so pet restrictions do not apply to them. Additionally, the rules for stores and offices are different from those for residential buildings, and the rules for ESAs are different from those for service animals.
However, this does not mean that the rules do not apply. Associations can require that ESAs act appropriately both within residents’ units and on common grounds.
It’s not a perfect analogy, but I think it’s helpful to think of ESAs in the same way as other medical treatments, such as walkers or canes. Communities cannot prevent residents from having walkers, but they do encourage residents to use their walkers properly and not to always hit the floor with their walkers or hit other residents with their walkers in elevators. You can oblige.
Similarly, communities can require residents to properly manage their ESAs so that they do not make too much noise or become aggressive toward other residents.
Association leaders have the difficult task of balancing the needs of their members. We must balance the needs of some residents who want a pet-free, bark-free, and dander-free building with the needs of other residents who need the emotional support of these animals. This is not an easy task and will require a fair response through resident leadership and patience.
Of course, if someone abuses the ESA rules and brings a pet into a building where pets are not allowed, your association can and should take appropriate action with the help of local legal counsel.
Gary M. Singer is a Florida attorney and is certified by the Florida Bar as a specialist in real estate law.