If I were to live in a FL condominium owned by my mother where they do not allow pets, but bring pets anyways (two well-behaved indoor cats that are my ESAs), what is the worst the condo association could do as punishment?
I live in condominium where they do not allow pets
Fine you and legally remove the animals. There’s a lot of changes with ESAs recently.
Fine you and have you removed or make you remove the animals
Are you a guest? Residents by federal law can have ESA animals. Guests don’t have that same privilege
If she owns the condo, they could potentially put a lien on the property until you’re in compliance, if it’s anything like an HOA
HOAs can fine your mother per day and force a foreclosure on her condo if she doesn’t pay the fines. Judges are getting sick of tenants trying to claim ESA protectiprotection are not service animals. Although if your mother is okay with it, it’s not the typical tenant-landlord issue. More of an HOA issue. Your mother signed a contract that she would adher to the HOA bylaws when she purchased the condo. Most judges honor the contract.
Read the Condo HOA agreement which your Mom received. If unavailable, ask the Association what potential penalties they can enforce.
NAL but you cant just put animals in your house and when they are discovered scream “esa”. Go talk to the landlord, tell them you have 2 esa animals. That way you wont have to worry about repercussions when the animals are discovered
it’s an HOA not a landlord situation. HOA bylaws have to be filed with the state and are in essence an extension. Same rules don’t apply.
they are legally registered ESAa we acquired due to PSTD from our father ending his own life
do have legal protection but you cant just move them in and then when they are discovered, tell the landlord you have them. There are better ways to go about it. Like informing them that you have them in the first place. They can’t deny you housing because of them, but not telling them can cause a whole bunch of issues
it’s not a landlord situation. My mother owns the condo outright
Slightly more context – the condo was my grandmother’s who just passed, my mother inherited it. It is fully owned. Myself and my sister would be moving in full time, and we each have an ESA cat we acquired after our father ended his own life. My mother is aware of and okay with us bringing the cats.
Just want to find out what the worst-case scenario would be, so I can hopefully avoid it.
are they actual ESA’s or are you just claiming they are? And by that I mean do you have a medical note from a dr/psychiatrist/psychologist stating your diagnosis and that the specific animals are part of your treatment plan?
she owns her house so no landlord tenant act involved. Housing association are not landlords. This is a concept your missing. The bottom line is a contract was made between owner and HOA which the AdA ESA animal are not binding in the context of the housing law’s. Two different aspects landowner compared to tenant.. Hopefully this clarify the difference.
ESA’s are not protected under the ADA. Service animals must perform a duty AND be a dog. Or a mini horse