Service Dogs and Special Needs in California HOA

Question:

Can the HOA remove a service dog because of breed or weight of the dog even though all documentation has been submitted?

HOA is threatening to audit monthly and have dogs removed

Also, HOA is asking detailed information about who lives in my condo and is harassing and targeting my daughter with special needs having a neighbor take pictures of my daughter with her dog, yelling at my daughter and going to her door to yell at her as well as on the grounds, because of her complaint of the breed of the dog they are now threating to have the dog removed even though there has been no incident with the dog. They are threating to fine me if I do not submit details of who lives in my condo

Can they do this? Can they ask for details of tenants?

– Sandy

 

Answer:

Hi Sandy,

It is normal for an HOA to maintain a current roster of all unit owners and their mailing addresses or other contact information. However, this generally does not include detailed information about residents such as their disabilities. In California, though, an HOA may verify a claimed disability for reasonable accommodations if the disability is not obvious. To verify this, an HOA may request information verifying the following:

1. That the person is disabled;
2. That there is a need for the requested accommodation; and
3. Information verifying the relationship between the claimed disability and the requested accommodation.

If you think your HOA is in violation of the Americans With Disabilities Act, you may file a complaint against them here. If you think your HOA is in violation of Fair Housing laws, you may file a complaint against them with HUD or the California Civil Rights Department.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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