I have written a number of times on this blog about providing reasonable accommodations for “service animals” and “emotional support animals.” This legal battle continues to affect condominium and homeowner association communities. A recent case shows a new way that a condominium association could get in trouble for refusing to provide a reasonable accommodation: because of a neighbor’s blog post.
Estate of Walters v. Cowpet Bay West Condominium Association, begins with the “usual” issue. Two condominium unit owners sought to keep “emotional support dogs” in the condominium. The condominium’s rules absolutely banned pets. In this case, the Court determined that the unit owners were disabled, and that the support animals were necessary to allow them the use and enjoyment of the condominium unit. Because of this, the condominium association was required to make a reasonable accommodation under the Fair Housing Act.
The concerning part of this case arises from the blog of some disgruntled neighbors. The opinion from the United States Court of Appeals, Third Circuit, quoted a number of blog posts from residents of the community that opposed the emotional support dogs. One neighbor replied on a blog post “isolate them [the unit owners] completely to their little “dog patch” on the beach and ignore them at every venue or occasion!”
Continue Reading Could a Condominium Face Legal Trouble Because of Residents’ Blog Against Emotional Support Animals