HOAleader.com - Tip of the Week - March 6, 2020
Published: Fri, 03/06/20
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Condo/HOA Boards' Job Evaluating Assistance Animal Request May Have Just Gotten Easier
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In this week's tip, we unpack a new guidance from the U.S. Department of Housing and Urban Development that appears to make it harder for everyday homeowners to pass off a regular pet as an assistance animal.
The new guidelines were issued Jan. 29. A new Illinois law has a similar intent. The press release HUD issued to announce the new guidance states that it's intended to help housing providers—and this term includes condo and HOA boards—fine-tune their process for determining whether a person meets the qualifications under the Fair Housing Act to be entitled to a reasonable accommodation involving an animal. It purports to offer a step-by-step set of best practices for complying with the Fair Housing Act when assessing requests for accommodation that involve animals, including the information the requestor may need to provide.
The new guidance is 19 pages long, and you should give it a thorough read. Here are just a few highlights that may make a difference in how you approach this issue:
*The licensed medical professional on which the person requesting the accommodation relies should have personal knowledge of the person making the request and the disability involved.
*If the animal that would be approved if the request for accommodation were granted isn't one that's commonly kept in a household, the person making the request for an accommodation has the burden of demonstrating a disability-related therapeutic need for the specific animal or that type of animal. On HUD's list of common household pets: dogs, cats, small birds, rabbits, hamsters, gerbils and other rodents, fish, turtles, or other small, domesticated animals traditionally kept in the home for pleasure, not commercial purposes. Specifically not a household pet: Reptiles other than turtles, barnyard animals, monkeys, kangaroos, and other non-domesticated animals. The guidance says the requester also has the burden of proving the need for a "unique" animal.
*If you have a no-pets policy or one that prohibits the type of animal the person making the request seeks, you can take reasonable steps to enforce your policy if the person gets the animal before submitting reliable and required documentation.
*HUD now expressly states that the person making the request must have a disability that substantially limits at least one major life activity or major bodily function and that the services the animal provides must be directly related to that disability.
*HUD says it's best practice to make a determination on a requested accommodation within 10 days.
Illinois also passed a law that took effect Jan. 1, and it has much the same purpose as the later-issued HUD guidelines. See highlights of the Illinois law, plus our experts' opinions on how HUD's new rules might change your practices when it comes to evaluating requests for accommodations for animals, in our new article: https://www.hoaleader.com/members/4072.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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6 Tips to Ease Your Condo/HOA Enforcement Burden
What's the hardest part of your board-member job? We'd guess that enforcing the governing documents with people you want to live harmoniously with is right near the top.
Click here to read full article:
https://www.hoaleader.com/members/6-Tips-Ease-Your-CondoHOA-Enforcement-Burden.cfm
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Wait, What? Recalled Condo/HOA Board Member Wants to Run Again
Well, this is interesting. An HOAleader.com reader asks, "When a board of directors are recalled, can they run again in the next election? What can be done to keep a recalled board member from running in the next election? Can a recalled board be kept from ever running as a board member?"
Click here to read full article:
https://www.hoaleader.com/members/Wait-What-Recalled-CondoHOA-Board-Member-Wants-Run-Again.cfm
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How to Handle the Growing Challenges of Service and Emotional Support Animals
Watch this information-filled webinar led by two experts with extensive experience in fair housing issues and the law. They will tell you how you should, and probably shouldn't, respond to owners' requests for accommodation for any animal.
Click here for more info:
https://www.hoaleader.com/products/hoa-challenges-service-emotional-support-animals-b.cfm
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Another HOA, Another Powerful President: The Fight Over the Agenda
A reader has asked us to find the answer to a question based on one of our special reports, and we're happy to oblige: "Your booklet, 'HOA Leadership Roles and Duties,' has become a subject of discussion for our board. Our president believes he has the sole power to control what's on the agenda and what's not. He's relying on the text under 'The President's Role,' which states, 'The president sets the agenda for the board meetings and runs the board meetings.'"
Click here to read full article:
https://www.hoaleader.com/members/Another-HOA-Another-Powerful-President-Fight-Over-Agenda.cfm
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Do Condo/HOA Governing Documents Typically Cover Lighting?
An HOAleader.com reader asks, "We're looking for an example of a lighting covenant that covers safety and light pollution that protects all and is objective and enforceable." Our question is: Do governing documents typically get into that level of detail? If so, what should a lighting covenant say?
Click here to read full article:
https://www.hoaleader.com/members/Do-Condo-HOA-Governing-Documents-Typically-Cover-Lighting.cfm
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