Ser­vice an­i­mals are per­mit­ted de­spite ‘no pets’ rule, but do not have free reign

Sun Sentinel Broward Edition - Homespot - Broward East - - CONDO & H.O.A. LAW -

Michael Bo­gen de­votes his le­gal prac­tice to rep­re­sent­ing hun­dreds of con­do­minium and home­owner as­so­ci­a­tions. Bo­gen, who is ad­mit­ted to prac­tice law in Florida, Wash­ing­ton, D.C., and Ne­vada, also is ad­mit­ted be­fore the United States Dis­trict Court in the South­ern and Mid­dle Dis­tricts of Florida. Michael Bo­gen is as­sis­tant ex­ec­u­tive di­rec­tor of the Condo Coun­cil, which pro­vides ed­u­ca­tion to over 1,000 as­so­ci­a­tion mem­bers. If you have a ques­tion, email it to col­umn@Con­doLaw.com. Re­al­tor des­ig­na­tions: Bro­ker As­so­ciates How long in real es­tate? Over 12 years each What made you get into real es­tate? Our fam­ily (San­dra and Patti Post) have been in real es­tate most of our lives. What sep­a­rates you from other Real­tors? Our fam­ily -per­ated company has al­ways been a se­lect group of Real­tors spe­cial­iz­ing in per­sonal yet pro­fes­sional ser­vice. We strive to be the best us­ing our unique skills match­ing buy­ers to dream prop­er­ties mak­ing every­body as happy as pos­si­ble. Which neigh­bor­hoods/ ar­eas are your spe­cialty? The Vue Res­i­dences, Sap­phire Con­dos, Vil­las by the Sea, L’Am­biance Beach and all beach-area homes and con­dos. Q. As snow­birds, we own a car in Florida and leave it in our as­signed spot in our condo as­so­ci­a­tion. We re­turned to Florida to find that our car was towed be­cause our li­cense plate showed an out-of-date reg­is­tra­tion sticker. Was this le­gal? A. The as­so­ci­a­tion must have a tow­ing con­tract in place with a rep­utable tow­ing company. Tow­ing rules dif­fer among dif­fer­ent ci­ties and coun­ties. Rep­utable tow­ing com­pa­nies will know the state law and lo­cal rules re­gard­ing tow­ing. The as­so­ci­a­tion may only have ve­hi­cles towed if the as­so­ci­a­tion has cer­tain park­ing rules in place and a ve­hi­cle owner vi­o­lates such rules. If there are no park­ing rules, the as­so­ci­a­tion does not have any rules that were vi­o­lated. If the as­so­ci­a­tion does not have a rule stat­ing that ve­hi­cles show­ing an ex­pired tag vi­o­late the rules, then De­scribe your work­ing style: We make our­selves avail­able seven days a week. What ad­vice do you have for buy­ers? Use our ex­ten­sive ex­pe­ri­ence to help you. Call us so we can help you find your dream home or condo, or so we can tell you about the great new con­struc­tion projects start­ing right now. We will aid you in keep­ing the pur­chas­ing ex­pe­ri­ence smooth as pos­si­ble. What ad­vice do you have for sell­ers? We have the knowl­edge and ex­pe­ri­ence to sell your prop­erty faster and at a bet­ter price. Call us for a free mar­ket anal­y­sis of value and tips on stag­ing your prop­erty to sell faster. How does what you’ve learned about real es­tate help your clients? Ev­ery trans­ac­tion is dif­fer­ent and we use what we learned over the the as­so­ci­a­tion would likely have vi­o­lated the tow­ing statutes. years to make the next trans­ac­tion even bet­ter. What’s the hottest list­ing you have right now? Our de­signer condo at Sap­phire, unit no. 707s, is a stun­ning bright cor­ner unit with great wa­ter views that is be­ing sold fully fur­nished. Are you in­volved in any char­i­ta­ble or­ga­ni­za­tions? The Firehouse Subs Pub­lic Safety Foun­da­tion (con­tribut­ing to first re­spon­ders) Q. Can the board charge unit own­ers to use the common el­e­ments? A. Gen­er­ally, no. The as­so­ci­a­tion may not charge a use fee against a unit owner for the use of the common el­e­ments or as­so­ci­a­tion prop­erty un­less oth­er­wise pro­vided for in the Dec­la­ra­tion of Con­do­minium or by a majority vote of the as­so­ci­a­tion, or un­less the charges re­late to ex­penses in­curred by an owner hav­ing ex­clu­sive use of the common el­e­ments or as­so­ci­a­tion prop­erty. What’s one thing peo­ple would be sur­prised to know about you? We have the most condo sales (more than any other Real­tors) in the fol­low­ing build­ings: Vue Res­i­dences, L’Am­biance Beach, and Vil­las by the Sea. We had a fan­tas­tic 2014 for our­selves and our cus­tomers, and we are off to a fast start in 2015. Con­tact in­for­ma­tion: Hus­band-and-wife team of Dan Post, (954) 614-8026, and De­bra Post, (954) 614-8016 PROD­UCT DE­VEL­OP­MENT MAN­AGER AD­VER­TIS­ING DE­SIGNER SPE­CIAL SEC­TIONS WRITER SE­NIOR SALES MAN­AGER REAL ES­TATE AC­COUNT EX­EC­U­TIVES Broward and Palm Beach Coun­ties Dade County & Out of Area Q. Pets are not al­lowed in our as­so­ci­a­tion. How­ever, own­ers have brought pets in be­cause the pets are emo­tional support an­i­mals or ser­vice an­i­mals. A few of th­ese an­i­mals con­stantly bark and some com­plaints have been sent to the board about dogs jumping on other res­i­dents while in the el­e­va­tor. Do own­ers with ser­vice an­i­mals or emo­tional support an­i­mals get free reign with their an­i­mals? A. No. Fed­eral and state law al­lows such an owner to have a pet even though the as­so­ci­a­tion’s gov­ern­ing doc­u­ments pro­hibit pets into the as­so­ci­a­tion so long as the owner pro­vides the proper doc­u­men­ta­tion. How­ever, this does not give free reign to the owner. As­so­ci­a­tions may pass rea­son­able rules and reg­u­la­tions con­cern­ing ser­vice and emo­tional support an­i­mals. Some ex­am­ple rules

GAR­RETT A. FOSTER

DEBBY DOCHERTY

TRACY KOLODY

MICHAEL D. ROSS

CHRIS CONNOLLY

MARIA SALES 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 are: own­ers of the an­i­mal must pick up after the an­i­mal; the an­i­mal must be on a leash at all times out­side of the unit. If th­ese rules are ha­bit­u­ally vi­o­lated, the as­so­ci­a­tion may have the an­i­mal re­moved. The board should con­sult their com­mu­nity as­so­ci­a­tion at­tor­ney to de­ter­mine what rules may and may not be passed re­gard­ing such an­i­mals.

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