Does Condo Support Animal Count as a Pet?

W.S. from outside of Connecticut writes:

Dear Mister Condo,

I am the President of our condo association. Our condo rules allow two pets under a certain weight limit. We have a person that presented a certificate stating their dog (overweight) is a support animal due to her husband’s depression issues. The dog was allowed but now they are bringing in two cats stating the dog is not a pet. The dog is clearly a pet. Can we stick to the two-pet rule?

Mister Condo replies:

W.S., I am sorry to say that a support animal is not a pet and, therefore, not subject to the total count of pets allowed. This is a bone of contention around the country and there are some instances where the courts are saying “enough is enough” with folks taking advantage of the support animal exemption that allows them to easily skirt rules. Perhaps you heard story of an emotional support pig recently kicked off of an airplane flight? It seems that this craziness isn’t going away any time soon. In the meantime, don’t get yourself or your association into a lawsuit you will likely lose over this. Speak with a locally qualified attorney that specializes in community association law. Ask about recent cases and how the local courts are likely to respond if a suit were brought. The overweight support animal may be the one you can challenge in court based on the animal’s weight – not it’s stated purpose as a support animal. If the attorney advises you to proceed, that is your call. Short of that, unless the laws change, my advice is to let these folks enjoy their two pets and let them have their support animal as well. Be thankful they didn’t bring a support pig into your community! All the best!

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