HABITAT
Service Animals in Co-ops / Condos: The Law and What Boards Should Require
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If a board member (or the board member's family member, cohabitant or tenant) is requesting a reasonable accommodation for his/her service, companion or therapy dog, that board member should recuse himself/herself from deliberating on the accommodation request. And, boards should remember that tenants and non-owner residents of an association are protected by fair housing laws, and must receive the same reasonable accommodations as homeowners.
A board facing an issue with a service, companion or therapy dog/animal should consult with co-op / condo legal counsel to discuss the various legal and fair housing considerations related to that issue.
W. Alexander Noland, Esq., is an associate at SwedelsonGottlieb, a California law firm specializing in community-association law. This article has been adapted from his article for O.C. View, the magazine of the Orange County Regional Chapter of the Community Associations Institute.
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