[WSBARP] Service animal verses covenants

Wed Apr 2 16:50:51 PDT 2014

That link deals with accommodations under the ADA.  The rules under the
Fair Housing Act, which is what is applicable to condos, are much more
liberally construed by the DOJ and HUD.  Service animals, including
emotional support animals, are not pets.  They are not subject to pet
rules like weight limits or registration fees.  They and their owners are
subject to reasonable rules about behavior, such as not menacing or
injuring people or other animals and cleaning up of animal wastes.  The
association can require a prescription from a health care provider which
states that the owner is disabled and that the keeping of an animal is a
reasonable accommodation of the disability.  The association cannot
inquire into the nature of the disability and it cannot require any kind
of training or certification of the animal.

Jim Strichartz

Attorney

Law Offices of James L. Strichartz

201 Queen Anne Avenue North, Suite 400

Seattle, WA 98109-4824

 <mailto://jim@condo-lawyers.com/> jim at condo-lawyers.com 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Craig Blackmon
Sent: Wednesday, April 02, 2014 3:07 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Service animal verses covenants

Thanks for the link, Lisa!  It’s good information.  But that’s not quite
what the link says:

Q: How can I tell if an animal is really a service animal and not just a
pet?

A: Some, but not all, service animals wear special collars and harnesses.
Some, but not all, are licensed or certified and have identification
papers. If you are not certain that an animal is a service animal, you may
ask the person who has the animal if it is a service animal required
because of a disability. However, an individual who is going to a
restaurant or theater is not likely to be carrying documentation of his or
her medical condition or disability. Therefore, such documentation
generally may not be required as a condition for providing service to an
individual accompanied by a service animal. Although a number of states
have programs to certify service animals, you may not insist on proof of
state certification before permitting the service animal to accompany the
person with a disability.

Craig

Craig Blackmon

Of Counsel Attorney at Law

 <http://lawhg.net/> Holmquist & Gardiner, PLLC

1000 2nd Avenue, Suite 1770 Seattle, WA  98104

Main: (206) 438-9083   Direct:   <tel:%28206%29%20694-4601> (206) 438-9295
Cell: (206) 369-5949   Fax:  <tel:%28206%29%20694-4601> (206) 694-4601

Founder and Principal of  <http://quillrealty.com/> Quill Realty

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Lisa
Sent: Wednesday, April 02, 2014 3:07 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Service animal verses covenants

You cannot ask for proof that it is a service dog, nor can you ask for
proof of what disability the person has to require one.  Actions can be
taken for bad behavior of the dog, however, but it should be very well
documented.  Rules to enforce clean up and barking can be enforced if
properly documented … but it should be well-documented or the association
risks a hefty lawsuit.

http://www.ada.gov/qasrvc.htm

Lisa M. Hammel, Esq.

Williams & Williams PSC

18806 Bothell Way NE

Bothell, WA  98011

Phone:  (425) 486-8138

Fax:  (425) 485-8449

website:  www.williamspsc.com

email:  lmh at williamspsc.com

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transmission in error, please delete the message and contact immediately
Lisa M. Hammel by telephone at (425) 486-8138,  or by return email.

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Wednesday, April 02, 2014 2:26 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Service animal verses covenants

Listmates, Looking for input on an issue that I am sure some of you have
already dealt with.  Condo declaration states no dogs larger than 20
pounds.  New owner acquires a dog substantially larger that barks all the
time and she does not clean up after it.   When approached by the Board,
she claims it is a service dog and the board can not touch her.  Her
"proof" that its a service dog is certificate declaring the dog is a "
registered emotional support animal"  from an outfit in Scottsdale Az
called  Register My Service Animal LLC. I know we can request a copy of
the prescription from a healthcare professional but those appear to be
easily obtained.   Any ADA experts out there willing to share if ANY rules
apply to this person or does she get a blank check for bad behavior?
Thanks in advance for your thoughts. 

Gourley | Hembree

1002 Tenth Street/PO Box 1091

Snohomish, WA 98291

(360) 568-5065 (phone) (800) 291-8401

(360) 568-8092 (fax)

Craig at 1031exchange.net

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Bar Association nor its officers or agents. 

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