Question:
This is a pet and smoke free building with a HOA. An individual signed a purchase agreement and after paying ernest money stated she has a cat for emotional support. She has a letter from a Dr stating this. We do know that ADA prevents the HOA from denying the buyers right to have an emotional animal. Inhabitants purchased this condo on condition of no smoking and no pets. What rights do the other inhabitants have especially those that are allergic to cats? Can they deny the purchase?
– Terrence
Answer:
Hi Terrence,
Generally, an HOA must allow emotional support animals, even if it has a no pets policy. However, an HOA can still enforce reasonable restrictions, such as keeping the animal on a leash or requiring the owner to pick up after the animal. Unfortunately, neighbors generally don’t have the power to force the removal of an emotional support animal. What they can do, however, is speak to the owner to try and reach a compromise.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
