Legal Question in Real Estate Law in Florida
Our condo by laws permit only owners to have pets with weight restrictions (20# limit). Recently, our Rules/Regs were revised to include Service animals. And finally, only 4 of the 35 units are permitted to be rentals at any one time.
A few months ago a couple was permitted to rent and brought their 60# service dog. Since the by laws clearly state that only owners are permitted pets, and this is not a rental community, should this couple have been granted rental status knowing there was an over the weight limit animal in question.
Then, this month, a second renter has brought in a dog.
We questioned why these renters have been permitted to bring in pets to the units when the by laws are clear on the issue. His response was that the fed govt reg (ADA) trump the by laws.
Please advise.
1 Answer from Attorneys
Service dogs are not considered pets, and by law, you can't restrict them.
If the condominium tried, they would be sued and lose. I wouldn't go there.
The only problem is the definition of service dog, and some are abusing the situation. That may be the only issue worth reviewing. But it could be dangerous. Assume that it is legit if the person is blind.
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