Legal Question in Elder Law in Massachusetts
My mother is 77 years old, lives alone and is lonely. She really wants to get a companion dog, the problem is the condo she lives in doesn't allow dogs. She was told that the condo's rule can be overridden because of her age. Is this true in Massachusetts. How does she go about getting permission, if so.
3 Answers from Attorneys
The condo rules are the condo rules, they can have an exemption in them. A companion dog is not a medical necessity. I recommend reading the condo rules, and talking to the condo association.
Recent case decision determined that a "companion dog" was a medical necessity for an HIV positive person and that it was a violation of an obligation to make "reasonable accommodation" for a person with a disability. Your mother may be able to fight and win this one.
If the companion dog is a medical necessity, then you might be able to overcome the Condo rules. However, the condo rules are the condo rules. However, there is a difference between those rules that are part of the Condo documents and those made by the Condo Board. You need to read the Condo documents that are recorded and the rules made by the Board separately. Then talk to the Condo Board. If you do not get anywhere, then contact an attorney.
Good Luck
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