Inflexible condo rules take a beating

Article Courtesy of The Sun Sentinel

By Editorial Staff

Published June 11, 2014

 

This was one time you really wanted to stand up and cheer for a judge.

We can only hope the words and judgment of U.S. District Judge Robert Scola will bring a little sense — and maybe some compassion — to condo rule-makers who too often are lacking in both.

Scola was nothing if not blunt — and correct — when he called the behavior of the condo association at Sabal Palm Condominiums in Davie "absurd" and "unreasonable" for trying for two years to prevent a disabled resident from keeping her service dog.

"Sabal Palm got it exactly, and unreasonably, wrong," Scola wrote in his 30-page order. "This is not just common sense, though it is most certainly that."

And it wound up costing Sabal Palm $300,000 for the board's actions, which the judge determined violated the federal Fair Housing Act.

Why this matter even got that far shows how frustrating it can be to deal with condominium rules and rule-makers. Battles over dogs are not unusual in condos, but this one went further than most.

Deborah Fischer, a retired Broward art teacher diagnosed with multiple sclerosis in 2000, was sued by the condo association after she moved her dog, Sorenson, into her apartment in November 2011. Fischer uses a wheelchair and has limited use of her arms and hands. Sorenson, a Labrador-Golden Retriever mix, helps her pick up things or open and close doors.

But condo board leaders said, "No way." They don't allow pets over 20 pounds, even though a service dog is not a typical pet. And they said Fischer failed to provide the proper documentation to prove she needed the dog. Apparently being wheelchair-bound and having limited use of her arms and hands didn't pass their smell test.

Thus, the lawsuit. And thus, the type of battle that happens all too often in condominiums.

The condo said that even if Fischer needed a service dog, she should have gotten one that didn't tip the scales above the 20-pound limit. Scola didn't buy that argument, saying Sorenson was a "reasonable accommodation" for Fischer's needs.
The judge also said the fact that the condo association "turned to the courts to resolve what should have been an easy decision, is a sad commentary on the litigious nature of our society."

It is also a sad commentary on the sometimes inflexible nature of condo associations and condo rules.
"I have an obvious disability," Fischer told the Miami Herald. "I just couldn't believe how hard they were making it. It was very difficult to deal with."

Obviously, condo rules are made for the good of the entire community. But it isn't doing anybody any good when the rules make life that much more difficult for someone who obviously needs a service dog.

Fischer's lawyer said he hoped the case would make others more sensitive to the needs of the disabled. There also is a new board in place, with new rules.

Hopefully, the new board members won't put themselves above the law. There are some boards that obviously do. And those that do will find themselves, like those at Sabal Palm, holding a big legal bill.

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