Article Courtesy of The Sun Sentinel

By Joe Kollin

Published February 7, 2007

They call it a miracle drug, but if you live in a condo or homeowner association community, it may not be the cure for you.

A pet allegedly can help relieve physical and emotional problems, and doctors are increasingly writing "prescriptions" for them.

 
But many buildings and neighborhoods ban pets. So boards are caught in the middle when a dog or cat is needed to help someone recover from a heart attack or deal with loneliness.

"On my desk, I have a letter from a doctor prescribing a pet for an owner," said Gary Poliakoff, whose Fort Lauderdale-based law firm represents 4,200 associations in Florida. "I have another letter from an owner demanding the association get rid of all pets because he is allergic to them and he purposely bought in that building because they have a no-pet rule."

He called it a "conundrum" that associations are increasingly facing.

Two South Florida residents are trying to get a law passed that would force both condo and homeowners associations to accept pets if doctors say they are necessary. They have the support of state Rep. Julio Robaina, R-Hialeah, who said such a requirement "will be one of our priorities" in the legislative session that begins next month. Maida W. Genser, who lives in the Lakes of Carriage Hills condo in Tamarac, is founder and president of Citizens for Pets in Condos. David Shapiro, of the Palmsea condo in South Palm Beach, is vice president of the group, whose Web site is www.petsincondos.org.

"We advocate only responsible pet ownership," Genser said. "If you can't handle a dog, get a cat or a rabbit or something you can handle. People who responsibly care for animals should be able to have a pet."

When Shapiro, a New York City teacher, bought his unit as a vacation place in 1992, pets were allowed. Three years later, they were banned.

In 1998, he retired and moved into the apartment full time with Lexi, a "very gentle" 33-pound German shepard-boxer mix trained as a therapy dog.

The board objected, went to court and got an injunction that forced Shapiro to put Lexi in a kennel. An arbitrator later ruled he could keep the dog but couldn't replace her.

After 16 years, Lexi died in July. Shapiro wanted another dog, two doctors called it medically necessary and he got "Lexi 2," a lab mix. The board, citing the rules, said no.

Shapiro got the dog professionally trained to meet his medical needs and then the board relented.

Genser said that while Shapiro could afford his battle, it's a problem for "poor people and disabled people and those who can't pay to fight."

Poliakoff's law firm recommends associations with no-pet rules, when requested to allow a pet, determine if the animal has special training. If not, he said associations shouldn't allow the pet.

On the other hand, Shapiro argues that those who oppose pets because they are allergic don't have a case.

"A lot of people are allergic to trees and grass, too. Does that mean we have to [get rid of] all trees and grass?" he asked.>

Even though owners promise to obey the rules when they buy into association-run communities, more and more are challenging them in court and via local civil rights agencies.

Agencies that enforce the federal Fair Housing Act and Americans with Disabilities Act include the Palm Beach County Office of Equal Opportunity and Broward County Office of Equal Opportunity Civil Rights Division.

Harry Lamb, director of the Palm Beach agency, said he is getting a couple of complaints a month, nearly all involving condos, mostly from people over 55 but not necessarily from those in designated senior communities.

His department calls in both sides for a hearing and makes decisions based on the facts. He said no particular side wins more than another, with one exception.

That exception is when someone who has had a pet for years up north buys into a community that bans pets. After the association orders the owner to get rid of the pet, the owner suddenly gets an illness that requires a doctor to write a letter saying the pet is medically necessary.

"If they never had documentation of a disability before and all of a sudden they do after buying in a no-pets community, the association will probably prevail at the hearing," he said.

CONTACTS:

Citizens for Pets in Condos: www.petsincondos.org

Broward County Office of Equal Opportunity, Civil Rights Division, 954-357-7800, www.co.broward.fl.us//civilrights/welcome.

Palm Beach County Office of Equal Opportunity. 561- 355-4883, www.pbcgov.com/equalopportunity.

State Rep. Julio Robaina, R-Hialeah, 305-442-6868.

Q&A

Q. Ann Hubner of Hollywood says her condo's bylaws seem contradictory. The documents say only an owner and the adult members of "his family" can occupy a unit, with family defined as spouse, child and parents. Also, no child under 16 can reside longer than 30 days in any 12-month period. The problem, she says, is that a unit owner wants to let her son and girlfriend use the apartment when she isn't there, which generally is months at a time.

A. Attorney Paul D. Eichner of Plantation says that without reviewing the documents he can't be specific, but "if the language provided is accurate it would appear to immediately exclude the girlfriend." Also, if the son is 16 or younger, he probably couldn't stay more than 30 days in a 12-month period, he said. But without the girlfriend, Eichner adds, "I would imagine the son would then also decline to reside there, which may well address the issue." 

Every other Wednesday, Staff Writer Joe Kollin discusses issues relating to buildings and communities governed by condo and homeowner associations. Please let us know about the issues that concern you. Contact him at [email protected] or 954-385-7913 in Broward or 561-243-6503 in Palm Beach County. Kollin has been reporting on condo and homeowner association issues in the Sun-Sentinel since 1986.