Service animals are permitted despite ‘no pets’ rule, but do not have free reign
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 We returned to Florida to find that our car was towed because our license plate showed an out-of-date registration sticker.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
MICHAEL D. ROSS
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.