Reader Questions - Dogs

Dear Kelly,

Your articles on HOAs are quite informative. Thank you. Since I live in a condo I am interested in service dogs and “therapy” dogs. Why should some persons have rights in a building’s common areas that other residents with pets do not have? For example, if dogs are not allowed in common areas except for ingress and egress, then why are service dogs allowed at meetings in common area meeting rooms and in the pool area? Please clarify.

A.H., San Diego

Dear A.H.,

State and federal Fair Housing laws require associations to allow reasonable accommodations of disabilities. Those disabilities can be physical or emotional.

Service animals are specifically trained to perform a given function for their owner [A well-known example is the “Seeing Eye” dog]. Those are certified by certain organizations, and are less common than support or comfort animals.

Companion or comfort animals are not certified or specially trained but are prescribed by a health care professional as necessary for a person’s emotional support. Unfortunately, the law does not give guidance on what animals can be supportive animals, so long as it is prescribed by a health care practitioner. So, we do not know if, for example, cats, snakes, or rodents could qualify. However, the owner can be required to prevent the support animal from being a danger or nuisance to other residents.

Unfortunately, the lack of guidance in the law has allowed abuse of the comfort animal accommodation, and stories abound of alleged instances where one circumvents a “no pet” rule simply by having one’s doctor (or doctor friend) prescribe a “comfort animal”. The Fair Employment and Housing Council is working on regulations which hopefully will provide important guidance and protect those who need help while curbing abuses by those who don’t.

Best regards,
Kelly

Dear Mr. Richardson,

In my previous letters of complaints to my HOA, I refer to the CC&R’s and bylaws of the specific rules of annoyance referring to the dog next door. Whereas before they took action, this time they replied in a letter saying that my complaint of the howling dog seems to be an ongoing neighbor to neighbor dispute and needs a “third” party complaint, although other neighbors hear the howling, including one who is on the board. They are reluctant to complain due to fear of retaliation. I keep reminding the HOA that it is their responsibility to enforce the rules. Do I have a legal right to stop paying my dues until this annoyance is resolved?

C.T. San Pedro

Dear C.T.,

One of the hardest issues for association boards is drawing the line between pure neighbor-to-neighbor disputes and those in which the HOA needs to intervene. If multiple residents are complaining, that factor indicates board involvement may be more likely.

Consider asking your neighbor to participate with you in an “Internal Dispute Resolution” meeting. Your association is required to have IDR rules. If not, the Civil Code provides an IDR procedure at Section 5910.

Do not withhold your assessments in protest. Even if the association breaches the governing documents and its duties to you, the courts have ruled against offsetting your assessment payments against a debt the HOA owes. That will result in penalties and collection costs against you, and make your problems worse.

Thanks,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.