R.M. from Indiana writes:
Dear Mister Condo,
Our condo association does not allow dogs. A resident is having a guest for an extended period of time, but has a licensed service dog. Is the dog allowed? They have one other resident that has an ESA dog.
Mister Condo replies:
R.M., as you have mentioned, this isn’t a dog, but rather, a service animal. As such, there is little the association can do disallow the service animal. Restricting the guest, on the other hand, may be an option if the association has rules about length of time guests can stay. If your condo has rules about who can visit and for how long, those rules can be enforced. Keep in mind the guest rules have to be consistently enforced. You can’t just enforce them against this unit owner because the Board is unhappy about the guest’s service animal. The issue of Emotional Support Animals and service dogs is quite divisive in condominiums. There is typically very little the association can or should do. Before any action is taken, I would advise speaking with the association’s attorney. Lawsuits involving discrimination against service animals usually end poorly (and expensively) for the association. Good luck!