Condo
owners fight to keep pets in no-pet communities
By
South
Florida Sun-Sentinel
Posted
One widow has lost her battle to keep
her
The 2 1/2-pound pocket
Cha Cha's
owner, Bernadette Casale, 86, has until Tuesday to
file a legal response after losing a two-year fight to keep the dog in her
Bridgeview condo, where she has lived for 22 years.
Bitty Baby's owner, June Koch, 72, who lives in Boca Verde, has medical
ailments, and her two grown children live up North. "I can't be totally
alone," Koch said of her move to keep the cat. "I cannot live that
way."
Koch's case is among about one a month filed with the Palm Beach County Office
of Equal Opportunity, said the agency's director Harry Lamb.
"About nine out of 12 cases are resolved in favor of the person keeping
the pet -- a support or service animal -- based upon the findings of a
physician or mental health professional treating the condition," Lamb
said.
"A no-pet rule often isn't enforced when the animal doesn't cause a
nuisance," said state condominium ombudsman Virgil Rizzo, who gets about
one call a week concerning pets.
"Usually, it's because of personality problems. Someone doesn't like the
person, so they go after them," Rizzo said. "The board has an
obligation to enforce it."
The controversy over whether these animals are allowed for the physical and
mental health of their owners is playing out against the backdrop of Fair
Housing Month this month, designated by the U.S. Department of Housing and
Urban Development. A Fair Housing Symposium is set for April 28 in
The Fair Housing Amendments Act of 1988 prohibits discrimination on the basis
of several factors, including disability. The law requires that a person with a
disability be accommodated and given " ... equal
opportunity to use and enjoy a dwelling."
But the variety of options to pursue that fair housing opportunity, and
controversy over what constitutes a physical or emotional disability that
necessitates a pet is causing neighbors to clash and condo boards to face off
with residents.
"Most condominiums have no-pet rules," said attorney Edward Hammel of the
Owners are made aware of pet regulations before they move in, he said, and it's
not just about pets.
"It's about enforcing the governing documents of the community," Hammel said. "It could be about a resident painting a
section where painting is not allowed or playing loud music that's a nuisance.
"If an association doesn't enforce its governing documents even-handedly,
it may waive the ability to enforce restrictions in the future," Hammel said.
Casale's case is unusual, because most pet issues are
resolved without such extensive legal action, said Hammel,
whose firm deals with 40 or 50 pet disputes a year in
The Bridgeview Association considers disability claims carefully and does
what's necessary to comply with fair housing laws, Hammel
said.
If a resident in a wheelchair requires a ramp, it will be provided. If a
resident is blind or deaf and needs a service animal for assistance, that
animal is approved and documented, he said.
Casale said she took a chance and bought Cha Cha seven years ago to help ease her struggle with failed
eyesight from macular degeneration, plus lupus, depression and sensitivity to
medication. She can't drive, read or make out features on faces.
Two years ago, someone saw the dog outside, and the association took action to
enforce the no-pet rule.
Casale's attorney, Arthur Schofield of
Arbitrator Melissa Mnookin of the state Department of
Business and Professional Regulation ruled against Casale
in October. The arbitrator said that Casale's
doctor's letter did not establish that the dog is necessary to accommodate her
disability, does not have special training to assist with disabilities, and
does not perform any special function, such as retrieving objects.
Casale did not use her option to appeal in circuit court, after her
lawyer advised her that she could be responsible for additional legal costs if
the arbitrator's decision was upheld.
However, the Bridgeview Association has asked the arbitrator to make Casale responsible for its $100,000 in legal costs. That
issue is pending, the association's attorney said.
Casale has no way to pay the exorbitant fees, and the
reasonable amount is about $1,000, Schofield said. He hasn't charged Casale for his work and has paid her court costs, he said.
Instead of the trial option, Schofield requested a re-hearing by the state
arbitrator, which was denied in December.
Bridgeview Association filed a summons in March to enforce the order to remove
the dog.
"They've given me no choice," Casale said.
She has put her condo on the market and a friend will keep Cha Cha until she is able to find a place that allows pets.
"Cha Cha gave me a reason to live," Casale said. "After my dog goes, I don't care what
happens to me anymore."
Koch also said her animal is irreplaceable.
"I've had too many losses in my life," said Koch, who is also
represented by Schofield and has a fair housing complaint pending in the Palm
Beach County Office of Equal Opportunity. "Bitty Baby is my lifesaver. She
comforts me."