One of the more memorable service animal disputes that my fellow community association attorneys at our law firm and I recall learning about was chronicled recently in a report by WPTV- NBC Channel 5 News in Palm Beach County. The station’s story had many of the most common elements found in service animal disputes: a pet owner insisting that her association must allow her to keep the family pet because the pet helps alleviate anxiety disorders, and an association that is demanding removal of the animal because it is expressly prohibited by the association’s governing documents. The key difference in this case is that Wilbur, the animal in question, is a 65 pound pot-bellied pig.
Several of my colleagues and I have written extensively in previous articles in this blog about the issues surrounding service dogs in communities that maintain strict restrictions against pets. We have discussed how many of these communities have been forced to contend with residents whose requests for exemptions for service dogs have been highly questionable and, in some cases, even complete shams. However, a recent case that was covered in an article in The Miami Herald illustrates the dangers that associations – and their board members – may face if they grossly miscalculate and overreact to a request for a service dog from an individual who is obviously disabled.
Doggie disputes are a common issue for many owners and board members in South Florida condominium communities. In today’s housing market, many people who were previously living in a single-family home are now finding themselves living in condominiums or deed-restricted communities with their pets. Subsequently, association boards are now facing more situations involving dogs and dog owners in their communities. However, by taking a new look at their policies concerning “man’s best friend,” associations can better serve their community by adopting policies specifically pertaining to the board’s ability to quickly and fairly deal with any dog-related issues that may arise, including how to deal with what some have called “dangerous dogs.”