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Doctors
creating clashes in condos by 'prescribing' pets for ailing
seniors
By Joe Kollin
South Florida Sun-Sentinel
Posted February 7 2007
They call it a miracle drug, but if you live in a condo
or homeowner association community, it may not be the cure for
you.
A pet allegedly can help relieve physical and
emotional problems, and doctors are increasingly writing
"prescriptions" for them.
But
many buildings and neighborhoods ban pets. So boards are
caught in the middle when a dog or cat is needed to help
someone recover from a heart attack or deal with
loneliness.
"On my desk, I have a letter from a doctor
prescribing a pet for an owner," said Gary Poliakoff, whose
Fort Lauderdale-based law firm represents 4,200 associations
in Florida. "I have another letter from an owner demanding the
association get rid of all pets because he is allergic to them
and he purposely bought in that building because they have a
no-pet rule."
He called it a "conundrum" that
associations are increasingly facing.
Two South Florida
residents are trying to get a law passed that would force both
condo and homeowners associations to accept pets if doctors
say they are necessary. They have the support of state Rep.
Julio Robaina, R-Hialeah, who said such a requirement "will be
one of our priorities" in the legislative session that begins
next monthMaida W. Genser, who lives in the Lakes of Carriage
Hills condo in Tamarac, is founder and president of Citizens
for Pets in Condos. David Shapiro, of the Palmsea condo in
South Palm Beach, is vice president of the group, whose Web
site is www.petsincondos.org.
"We advocate only
responsible pet ownership," Genser said. "If you can't handle
a dog, get a cat or a rabbit or something you can handle.
People who responsibly care for animals should be able to have
a pet."
When Shapiro, a New York City teacher, bought
his unit as a vacation place in 1992, pets were allowed. Three
years later, they were banned.
In 1998, he retired and
moved into the apartment full time with Lexi, a "very gentle"
33-pound German shepard-boxer mix trained as a therapy
dog.
The board objected, went to court and got an
injunction that forced Shapiro to put Lexi in a kennel. An
arbitrator later ruled he could keep the dog but couldn't
replace her.
After 16 years, Lexi died in July. Shapiro
wanted another dog, two doctors called it medically necessary
and he got "Lexi 2," a lab mix. The board, citing the rules,
said no.
Shapiro got the dog professionally trained to
meet his medical needs and then the board
relented.
Genser said that while Shapiro could afford
his battle, it's a problem for "poor people and disabled
people and those who can't pay to fight."
Poliakoff's
law firm recommends associations with no-pet rules, when
requested to allow a pet, determine if the animal has special
training. If not, he said associations shouldn't allow the
pet.
On the other hand, Shapiro argues that those who
oppose pets because they are allergic don't have a
case.
"A lot of people are allergic to trees and grass,
too. Does that mean we have to [get rid of] all trees and
grass?" he asked.>
Even though owners promise to
obey the rules when they buy into association-run communities,
more and more are challenging them in court and via local
civil rights agencies.
Agencies that enforce the
federal Fair Housing Act and Americans with Disabilities Act
include the Palm Beach County Office of Equal Opportunity and
Broward County Office of Equal Opportunity Civil Rights
Division.
Harry Lamb, director of the Palm Beach
agency, said he is getting a couple of complaints a month,
nearly all involving condos, mostly from people over 55 but
not necessarily from those in designated senior
communities.
His department calls in both sides for a
hearing and makes decisions based on the facts. He said no
particular side wins more than another, with one
exception.
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