We have a no pets condominium since 1981 and wish to stay that way. 4-5% of the general population has cynaphobia. We wish to keep our condos pets-free. Is there case law you can provide? is a declaratory judgment action is federal court on a case by case basis the best way to deter pets who we feel don’t merit accommodation ? We have one owner we gave an accommodation who has cancer, and 2 we wish to challenge who are not owners and who have concealed dogs without presenting their ESA letters.
Condominiums with “no-pets” policies increasingly are faced with the challenge of balancing the legal requirement to provide a reasonable accommodation to persons with disabilities against the right to maintain a pet-free community. Indeed, federal, state and even local laws may impose heavy fines and penalties against a housing establishment that fails to make a reasonable […]Read Answers
Have resident who leaves their unattended large service dog on the balcony. The dog barks once or twice every time it sees anyone walk by. This goes on all day and evening. The tenant is a renter and efforts to have them keep the dog inside have failed. How to handle?
The remedies depend on the covenants. A person is allowed to have a service dog, but reasonable restrictions still apply. I would also notify the unit owner as if here is a covenant violation the owner would also be liable. Thrasher Buschmann & Voelkel, P.C. Stephen Buschmann 151 N Delaware St #1900 Indianapolis, IN 46204 […]Read Answers
I voted against the president of our management company also serving as treasurer. The management company does a great job but this seems not advisable. Am I wrong?
Any Board should appoint someone to oversee the records of income, expenses and disbursements of the Associatoin, other than the person responsible for actually managing the association’s income, expenses and disbursements. That person does not need to be expressly designated as “Treasurer” (although usually they are), provided they accept the responsibility. It could be the […]Read Answers
Our HOA owns the sewage treatment plant. How does this work when the township decides to build a new plant for the township and wants us to tap into their new plant?
It really depends. This would require an analysis of the governing documents. There is probably a provision within the governing documents that permits turning over utility services to public entities. Every privately operated sewer service that I have seen within a community association in the past has made provisions for this eventuality. If not, worst […]Read Answers
My building…I denied this person’s request to use the room, and informed the individual that the association attorney was in the process of writing rules for the room’s use, and the board did not want residents using it for meetings about issues the board does not approve of…
QUESTION: My building has a common room that is used daily by people playing cards, mah jongg, etc., and I do believe people who don’t live in the building participate in some of these games. We recently allowed a resident to have a meeting in the room as well. Afterward, another resident requested use of […]Read Answers
I presume the question intends to ask what happens if there is not a quorum at the meeting (counting any allowed proxies). The answer may lie in the Association’s Governing Documents. It is not uncommon for there to be a provision that if a quorum is not met, the meeting is to be continued to […]Read Answers
My attached townhome is one of the 2 middle units in a row of 4. When our HOA hired some dryer vent cleaners it was discovered my unit never had an exterior vent hole for the dryer. Who is responsible for this repair?
At the risk of sounding like a lawyer, that depends: 1. The Developer should have installed one. If your unit is more than 10 years old, the Developer cannot be held accountable because the statute of repose has been exceeded. If it is less than 10 years old, you should make a claim with/against the […]Read Answers
I am an officer of our HOA. My compensation for performing my duties is that I get my monthly dues of $288 waived. Do I owe fed and state taxes on the amount waived?
Let me start with the unasked question: can an officer (or Board member) in a condo or homeowners’ association in PA be compensated for those duties? The answer under applicable state law is NO. Board members (and officers) may be reimbursed for expenses incurred in performance of their official duties – such as mileage, supplies, […]Read Answers