Page 24 - CooperatorNews South Florida Expo 2021

24 COOPERATORNEWS SOUTH FLORIDA —EXPO 2021 SOFL.COOPERATORNEWS.COM rulings say that a prescription for an emo- tional support animal may come from a “physician, psychiatrist, social worker, or other mental health professional.” In Florida, “other mental health profes- sionals” include licensed mental health counselors, clinical psychologists, clinical social workers, and marriage and family therapists. According to Barry M. Silver, an at- torney in Boca Raton who deals with animal-related cases as a part of his regu- lar practice, the law regarding medically- prescribed companion animals is evolv- ing. “That definition is based on case law, and what judges have determined it to be. Usually you need something from a doc- tor saying that the dog is medically neces- sary.” And what constitutes a medical neces- sity in the eyes of the law is also evolving, says Silver. “Nowadays, many courts are accepting psychological companionship as something that can be considered med- ically necessary as well,” he says. “It’s been clearly established that love, affection, and companionship are absolutely neces- sary to the human condition, and people will greatly benefit from that. Pets seem to give unconditional love, they don’t remember if you do something wrong, and they don’t care about your faults. So many people consider non-humans to be wonderful companions, \[with\] a great psychological benefit for people who are dealing with difficult things like depres- sion, or other psychological ailments. So very often, doctors prescribe \[pet\] com- panionship.” According to Maida W. Genser, the founder and president of Citizens for Pets in Condos, Inc., a non-profit organiza- tion based in Tamarac, whose mission is to promote responsible pet ownership and increase acceptance of companion animals in common interest ownership communities, “A companion animal and a pet are probably the same thing. Service animals provide assistance by doing tasks they were trained to do that help people with physical or emotional problems. Service animals are covered by disability law under the U.S. Department of Justice. Emotional support animals are covered under fair housing law and administered through HUD, which applies to condos and co-ops as long as they have more than four units. Emotional support ani- mals do not have to be trained to provide assistance, because they provide it just by what they do naturally through that close human-animal bond. That alone can help people with anxiety and depression.” Knowing & Enforcing the Rules According to Genser, communities in some parts of South Florida tend to skew toward the no-pets end of the spectrum. “Most of our requests for assistance come from Miami-Dade and Broward coun- ties,” she says. “We also get a few from the Sarasota area. The newer \[condos\] and the more expensive ones tend to allow pets, but there are thousands of people in places where pets aren’t allowed—and people will hide them, because it’s a natu- ral thing to want to have something cud- dly.” Refusing to honor a resident’s legiti- mate companion-animal prescription can have serious legal consequences for a board, says Silver. “If they refuse, they could be inviting a lawsuit. Many people think if you get involved in a lawsuit over an animal, the financial aspect is going to be small, but of course, for people who are involved with co-op and condos know... the price of challenging a resident’s right to own a pet or companion animal can be very high. It can be an expensive proposi- tion.” That being said, most attorneys will agree that when people move into a con- do association or co-op, they are respon- sible for knowing and abiding by the rules and regulations spelled out in the govern- ing documents they are given to examine prior to closing the sale. Ignorance of or disagreement with a particular rule is not considered grounds for flouting it. According to Eric M. Glazer, an at- torney and founding partner of the law firm of Glazer & Associates, P.A., and the president of Association Mediation, Inc. in Hollywood, the topic of pets is proba- bly the most litigated issue in condomin- ium associations, after foreclosures. In a recent response to a question about pet rules published on the Florida Sun Sen- tinel’s website, Glazer stresses that “you must understand that there are people who choose to move into communities specifically because pets are not allowed. They don’t want the smell, the noise, and some are simply afraid of animals. The bottom line is that before moving into a community, you must read the declara- tion of condominium to learn if pets are allowed. If they aren’t, then your response should not be to move in, purchase a pet, gambling that the board won’t find out, and then complain when the board does find out and decides to sue.” And even if an HOA allows animals, and its pets are an extremely well-be- haved bunch, all it takes is one incident— an unpleasant experience in an elevator, a new puppy yapping at all hours, an epic mess on the lobby rug—to set off tensions between dog owners and non-dog-own- ers. Elevators in particular are a big issue and one that legal pros say pops up in pet- related spats all the time. That’s where the courtesy and respect come into play. “If anyone is on an elevator and they have a fear \[of dogs\], we often say as a courtesy, just don’t get on the elevator— wait,” says one pro-pet real estate advi- sor. “Some people may just opt to use the PET PEEVES continued from page 22 See us at Booth 614 See us at Booth 500