Michael J. Perry, Lancaster, PA   Relo Specialist (KW Elite )

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Rainmaker
454,365
Mike & Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

I have written a couple blogs on this and did the research.  There is NO CERTIFICATION for any type of service dog.  It can be a dog, a pig, a bird, a cat or anything...you cannot discriminate on size, type or weight.  

Fair housing does no certification...they just assure that the animal owner is not discriminated against.

If indeed there is any legitimate certification, I would love to see it.  Please forward it.

Eve

 

 

 

Oct 16, 2017 07:32 AM
Rainmaker
495,469
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

ESA- service dog/animal certification. I think it'll depend and is an attorney question. As an aside, give me a well-trained hundred pound Golden over an untrained Chih (for example) any day of the week. I know Corinne will agree! 🐶

Oct 16, 2017 05:30 AM
Rainmaker
3,910,127
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

I would think discrimination might rear it's little head if one were denied because of an ESA....

Oct 16, 2017 06:01 AM
Rainmaker
592,706
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The HOA has no choice in this matter.

In my recent experience, the attorney of the HOA and the attorney of the buyer exchanged paperwork then cashed their checks. This extened the clossing 60 days. 

The buyer just wanted to confirm she could although she choose not to exercise that provision at that time.

 

Oct 16, 2017 07:18 AM
Rainmaker
224,179
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Fair housing rules would trump the HOA if the golden retriever was a true emotional support animal.

Oct 16, 2017 06:50 AM
Rainmaker
329,161
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

If a resident has a certified emotional support animal even if is 200 lb, there is nothing the HOA can do.

Oct 16, 2017 06:46 AM
Rainmaker
2,423,176
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

If it is a legal ESA, the HOA would not be able to say no, no matter it's weight. It is not usually a dog problem, it is a people problem MEANING there are both good and bad pet owners for pets and ESA who cause the issues, not the pets. Sometimes it is mean to the pet to force them to live in an area not suited for pets whether it is a ESA or not

Oct 16, 2017 05:35 AM
Rainmaker
2,070,143
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

What is an ESA certification? And to some degree sounds like a legal question that we shouldn't opine on.

Oct 16, 2017 05:18 AM
Rainmaker
2,574,631
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Calling an attorney!

Oct 17, 2017 04:26 AM
Rainer
2,850
Michelle Warner
Bone Realty - Gadsden, AL
I'm a Realtor with 8 years of experience. Call me!

Michael-

Yes an ESA cert will trump an HOA's policy :-)

Oct 16, 2017 12:55 PM
Rainmaker
717,094
Carol Williams
U.S.: I specialize in helping agents who have been in the business 2 years or less create a thriving business. - Wenatchee, WA
"Customized Mentoring & Marketing Services"

All I can say is that judging a dog by its size is ridiculous.   I'm no attorney but I would hope an ESA certificate would outrank HOA policy. 

Oct 16, 2017 09:43 AM
Ambassador
1,828,800
Fred Griffin
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  The ESA will come with civil rights attorneys and SJW's. 

  In our current non-sensical world, they will prevail.

Oct 16, 2017 09:08 AM
Rainmaker
2,423,178
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale - Probate Broker

Does such a certification truly exist?  Who certifies? I don't know.  ESA or not, dogs and their owners still need to follow the rules of the association even when/if an exception is made. 

Oct 16, 2017 07:40 AM
Rainmaker
1,273,562
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Michael J. Perry Yes, I believe it does. I don't think an HOA would want to challenge the Fair Housing Act.

Oct 16, 2017 06:32 AM
Rainmaker
1,287,915
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Area Real Estate

I would say for a blind person yes. Normally those are larger dogs. I've seen it where the assn did make an exception but the person was responsible for all damages the dog did. 

Oct 16, 2017 06:09 AM
Rainmaker
2,339,723
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Good question but do not know.

 

Oct 18, 2017 04:31 PM
Rainmaker
1,393,497
Sandy Padula and Norm Padula, JD, GRI NMLS#1483386
Realty One Group - Carlsbad, CA
Presence, Persistence & Perseverance

Me thinks, Mike & Eve Alexander answered you

Oct 17, 2017 03:43 PM
Ambassador
3,322,131
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I think these so-called certifications or vests can be bought on the Internet therefore most of them are self proclaimed. The HOA has to tread carefully.

Oct 16, 2017 06:46 PM
Rainmaker
621,163
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Any creature can be a service creature.

Oct 16, 2017 12:51 PM
Ambassador
3,063,587
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams fox cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Many say that it does, but only a judge can say for sure.

Oct 16, 2017 12:36 PM
Rainmaker
1,193,364
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Some of our HOA and management companies do not allow pets at all....if we ever get any changes in pet policies on a national level, it will still take forever to change every local HOA rules. 

Oct 16, 2017 11:58 AM
Rainmaker
959,199
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'm not aware of any training/cert for emotional support animals that is legit.  I'm aware of a few places online where you can get a cert and I'm pretty sure they're now coming in a box of Cracker Jack's.

Oct 16, 2017 08:05 AM
Rainmaker
3,890,657
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It should, but the devil is in the details.

Oct 16, 2017 07:28 AM
Ambassador
1,205,572
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

We have a 20 pound limit of one dog in our Jupiter condo project. I don't believe this has been tested yet.

Oct 16, 2017 07:17 AM
Rainmaker
3,301,698
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Good question as I don't deal with either in my area

Oct 16, 2017 07:14 AM
Rainmaker
4,230,038
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

If you handle rentals, you need to be prepared for these situations.

Oct 16, 2017 05:21 AM
Rainmaker
2,343,835
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker

Time to consult an experienced attorney for some advice. Enjoy your day 

Oct 16, 2017 05:18 AM