the application to the HOA was clear and specific. I have a service dog as well as a Dr's letter substantiating my need. The application was approved and I moved in. Months later they began fining the landlord due to a "violation". I took in my sons Yorkie temporarily which the association say violates their one pet only rule if one is over 50 pounds. I contend the service animal is not a pet, she was accepted as a service animal and we were advised in writing by them that our HOA application was accepted. Is the HOA application and the HOA approval a binding and enforceable contract? We did pay the assn $100 for their expenses to run their check (consideration?) Can they attempt to turn back the hands of time regarding prior acceptance of the en toto application?
A bit consfusing. It sounds like you took in an unapproved dog for a short time. This could certainly be a violation if they caught this unapproved dog. I am sure that they are looking for every reason to get rid of you now regretting the approval (probably because they had to under the Fair Housing Act). You are going to have to hire a lawyer to fight this now.
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Pursuant to Florida law and assuming the first animal is in fact a service animal for an alleged disability, I would argue that you would be permitted to have a second dog as a pet if the Declaration permits such type/size pets. Specifically, 413.08, Florida Statutes, states that a service animal is not a pet. You should seek the services of an attorney to write a letter on your behalf.
Florida Statute 413.08 -Rights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties.--
(1) As used in this section and s.413.081,the term:
(d) "Service animal" means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to,
guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet.
The answer to your question depends on whether or not you were required to get approval for the Yorkie before bringing the animal into you home. If so, the association could require you to remove the Yorkie, not your service dog.
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