Page 5 - New England Condominium August 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -AUGUST 2019 5 When a Neighbor Has an Emotional Support Animal Q Our condo building has a no- pets amendment for nearly 40 to enjoy the premises, then the board may ous, which is usually the case with mental/ years. So when a new owner joins have to approve the request. at is exactly emotional disabilities, the board is entitled our community, he or she is supposed to the situation you are currently facing. sign disclosure forms that indicate “no pets, no renters.” However, a new owner has been disability, and that the dog is necessary for psychiatrist, psychologist, social worker, seen with a dog who constantly barks. She her disability. In this case, the resident is nurse practitioner, etc.) certifying as to the handed a nurse practitoner’s note to our asking for an emotional support dog. You resident’s disability and need for the dog. board saying that her dog is an emotional are likely familiar with the term service dog, e board is very limited as to the infor- support animal. Is this legal? —Tired of the Barking A “ e short answer is that of course being a seeing-eye dog). Service the request. if the resident has all of the dogs are usually professionally trained to proper documentation, you provide a service. An emotional support the request, the board is entitled to impose may not be able to do anything, and you dog, as its title implies, provides emotional reasonable rules and regulations (for exam- may have to allow the dog,” says Matthew support to the disabled resident. Emotional ple, \\\\\\\[a\\\\\\\] dog must be on a leash at all times W. Gaines, a partner at Marcus, Errico, support dogs do not need any special type when in the common areas, no excessive Emmer & Brooks, P.C., a law rm with of- ces in Massachusetts and New Hampshire. animal, for that matter. Emotional support “ e applicable law is this circumstance is dogs are typically part of the treatment for for mishandling a disabled resident’s re- the Federal Fair Housing Act (FFHA). Pur- suant to the FFHA, if a disabled resident disability. needs a reasonable accommodation (ex- ception or waiver to a restriction) in order disabled resident’s disability is not obvi- “ is resident is claiming that she has a a quali ed professional (doctor, therapist, but emotional support dogs are also recog- nized under the FFHA. A service dog, as its professional certi es that the resident is dis- title implies, provides a service to the dis- abled person (the most common example board will almost de nitely have to approve sheet with an o setting liability in the same of training, and can be any type of dog—or barking, etc.). a mental disability, as opposed to a physical quest for a reasonable accommodation, I “As for what the board can do – if the the association’s attorney involved immedi- to request and receive documentation from mation you can request. Provided that the accountants directly unless it’s through an abled and that the dog is necessary, then the is an escrow account on the trust’s balance “In the event the board has to approve stances of that account. Is this weird? “As there can be serious consequences would highly recommend that the board get ately to make sure everything is handled correctly.” Communicating With the Board Q e way our trustees operate seems a little unusual to me. ey won’t allow us condo owners to speak or communicate with them or the employee of the trust. Additionally, there amount. ey will not discuss the circum- —Sensing Something’s Amiss A “Association boards vary greatly in how they commu- nicate with their unit own- Legal Q A& continued on page 13 QUESTIONS & ANSWERS