Question:
After 18 years of ownership of a condo with a no pets allowed policy, a verbal policy change by new HOA Board that has been told of the law by which they have to allow ESA animals(dogs).
What are the rights of owners who’s emotional health and peaceful balance is effected healthwise from the continuous barking daily of the supposedly support dogs.
I am a 72 year old senior, with health conditions that is highly affected by the constant barking all throughout the day. What laws respect my rights to live in my condo in Peace and emotional balance?
– Lydia
Answer:
Hi Lydia,
As a general rule, associations cannot refuse a resident’s request for reasonable accommodations under Fair Housing laws and ADA (Americans With Disabilities Act) laws. However, the emotional support animal must still follow the HOA’s pet policies (if any). For example, an HOA may allow ESAs but require the owners to keep them leashed when outside their home/unit. If you have a problem with the noise, you may contact your HOA board or talk directly with your neighbor to resolve the dispute.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
