Medical Assistance Pet - In Pet Restricted Condo

[Bobbie Kelly]

What is the name of your state?What is the name of your state? New Jersey

I am a member of a Shore Resort Seasonal Condominium whose rules state no pets. A unit owner just sold their unit because they had a dog and couldn't bring it to their vacation home. Ironically, the buyers of the unit have a cat and claim that it is a medical assistance pet (the man is deaf) and will be bringing their pet when they finalize the purchase.

Our board let the prospective buyers know of the no pet rule and asked only that they provide medical verification for the pet so that we can use it as a deterrent for others who will try to bring pets without similar verification or medical exception documentation.

The prospective buyers flat out refused to produce any verification claiming that by law they don't have to provide medical assistance documentation.

Question:
1. Is it true that condo owners are not obligated to provide verification to breech a condo rule regarding pets if it is medically needed?

2. Is there a condominium law/statute that we can quote to insist that they produce medical documentation in this instance?

3. If they are correct that they don't have to prove medical need, what recourse does our condo association have to prevent any/all other owners/renters from claiming there pet is also medically required - but they do not have to prove it?


I would appreciate any insight into this issue you can provide

 

[seniorjudge]

What is the name of your state?What is the name of your state? New Jersey

I am a member of a Shore Resort Seasonal Condominium whose rules state no pets. A unit owner just sold their unit because they had a dog and couldn't bring it to their vacation home. Ironically, the buyers of the unit have a cat and claim that it is a medical assistance pet (the man is deaf) and will be bringing their pet when they finalize the purchase.

Our board let the prospective buyers know of the no pet rule and asked only that they provide medical verification for the pet so that we can use it as a deterrent for others who will try to bring pets without similar verification or medical exception documentation.

The prospective buyers flat out refused to produce any verification claiming that by law they don't have to provide medical assistance documentation.

Question:
1. Is it true that condo owners are not obligated to provide verification to breech a condo rule regarding pets if it is medically needed?

2. Is there a condominium law/statute that we can quote to insist that they produce medical documentation in this instance?

3. If they are correct that they don't have to prove medical need, what recourse does our condo association have to prevent any/all other owners/renters from claiming there pet is also medically required - but they do not have to prove it?


I would appreciate any insight into this issue you can provide

What do the CCRs say about this?

 

[HomeGuru]

What is the name of your state?What is the name of your state? New Jersey

I am a member of a Shore Resort Seasonal Condominium whose rules state no pets. A unit owner just sold their unit because they had a dog and couldn't bring it to their vacation home. Ironically, the buyers of the unit have a cat and claim that it is a medical assistance pet (the man is deaf) and will be bringing their pet when they finalize the purchase.

Our board let the prospective buyers know of the no pet rule and asked only that they provide medical verification for the pet so that we can use it as a deterrent for others who will try to bring pets without similar verification or medical exception documentation.

The prospective buyers flat out refused to produce any verification claiming that by law they don't have to provide medical assistance documentation.

Question:
1. Is it true that condo owners are not obligated to provide verification to breech a condo rule regarding pets if it is medically needed?

**A: no.
********

2. Is there a condominium law/statute that we can quote to insist that they produce medical documentation in this instance?

**A: CC&R's.
**********

3. If they are correct that they don't have to prove medical need, what recourse does our condo association have to prevent any/all other owners/renters from claiming there pet is also medically required - but they do not have to prove it?

**A: demand written doumentation by an MD.
**********

I would appreciate any insight into this issue you can provide

**A: you really need to do more research.

 

[You Are Guilty]

Wow, I have a case almost exactly like that that just came in two weeks ago. Except when asked to submit to an independant MD exam to confirm the pet-owner's alleged "disability", he sued instead. I love easy cases

 

[Shel77]

this is just a guess but I would imagine the CC&R's state; No pets allowed. I seriously doubt that they go into detail reguarding needing proof if a pet is for medical reasons. But maybe they do I guess we will see. I also assume that he doesn't have these document to provide or he would have been fine with it. Just out of curiosity what does the cat do for this man that is deaf?