Here is what the law says about service animals

Q: Our 63-unit town house homeowners association has seen an increase in the number of dogs that clearly exceed our 20-pound maximum weight per our longtime regulations. Some of the dogs usually on a leash, resemble trained law enforcement K-9s and bark ferociously even baring their large teeth at residents and guests. When contacted, the dog’s owners state they are “service animals.”

The owners then indicate to board members that because of the status we’re not even allowed to ask them anything about their papers, certifying they are indeed authorized service animals. More and more, we see residence, not only owners but renters, going this route. Is there any validity to their claims of absolute privacy regarding their animals? And, what can we do going forward to avoid the HOA’s liability for not enforcing our regulations concerning such large (and especially ferocious) animals. We have a growing number of young children now living here, and it can be frightening to people of all ages.

A: First of all, all pets are required to be on a leash. Owners who are walking their pets without a lease can be fined regardless of whether or not the animal is a service animal. Your board can contact the local Department of Housing and Urban Development office to discuss the specifics of your association, such as these dogs who may possess a possible threat to another individual.

According to The Americans with Disabilities Act and Federal Housing Administration guidelines:

To determine if an animal is a service animal, you may ask two questions:

1. Is the dog a service animal required because of a disability?

2. What work or task has the dog been trained to perform?

You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. In addition:

You may not ask about the nature or extent of an individual’s disability

You may not require proof that the animal has been certified, trained or licensed as a service animal

You may not require the animal to wear an identifying vest or tag

You may not ask that the dog demonstrate its ability to perform the task or work

Under the ADA, it is training that distinguishes a service animal from other animals. Some service animals may be professionally trained; others may have been trained by their owners. However, the task that the service animal is trained to do must be directly related to the owner’s disability.

The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity has the right to ask that the dog be removed. A business also has the right to deny access to a dog that disrupts their business or poses a direct threat to the health and safety of others. For example, if a service dog barks repeatedly or growls at customers, it could be asked to leave.

Service animals in-training are not specifically addressed in the ADA.

The Fair Housing Act (FHA) is a federal law that prevents discrimination against tenants in their homes.

Under the FHA, a disability is defined as a physical or mental impairment, which significantly limits a person’s major life activities. Even if a covenant says “no pets” or restricts pets, associations are required to make what is called a “reasonable accommodation” to allow pets who serve as assistance animals, which includes emotional-support animals.

Assistance animals are in a different legal classification, which is why pet restrictions and fees are waived for them. They are animals that work, assist and/or perform tasks and services for the benefit of a person with a disability or provide emotional support that improves the symptoms of a disability.

There is no official certification or training for assistance animals and they can assist in a wide variety of ways. Breed and weight restrictions do not apply to assistance, service or emotional support animals.

Q: Can an HOA board approve spending without first discussing details in an open meeting?

Our board had an agenda item, “Review, Discuss &Approve Recommendations from Landscapers.” The board received details only four hours before the meeting, which consisted of quotes from a single landscape company totaling over $13,000 that exceeds 10 percent of our annual budget. The board was unclear on why the quotes were requested, and by whom. But, they moved to consider them outside a board meeting and decide which to pursue.

Is it legal for the board to fund these projects without an open board meeting that discusses the details?

A: Per Nevada Revised Statutes 116.31086, if an association solicits bids for a project it must, whenever reasonably possible, solicit at least three bids if the project is expected to cost 3 percent or more of the annual budget for associations with less than 1,000 units or 1 percent of the annual budget for associations over 1,000 units. The bids must be opened and read aloud during the board’s meeting.

You did not share any specific information as to whether the bids were opened and read aloud at the meeting or if homeowners present at the meeting had an opportunity to discuss the bids.

Based upon the limited information, the board had the following options:

To table the bid.

Find out more information as to who called for the bids.

To table the bid and obtain additional bids, assuming that the work needs to be done and upon assumption that the board does not disclose the bid to a third party.

Place the bid on the agenda for the next meeting for discussion and possible voting.

It is not the best policy under these conditions to review and or to make a decision outside of the board meeting.

Barbara Holland, CPM, CMCA, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.