Americans with Disabilities Act

Even though most private residential Associations are not subject to the Americans with Disabilities Act (the “ADA”), the Fair Housing Act (the “FHA”) still applies and protects owners who have service animals. In some cases, the Association has the right to ask the owner for documentation supporting the need for a service animal, but not always…and the case below illustrates how pressing for documentation when the Association is not entitled to it can end up being quite costly for the Association.
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