HOA Q&A: Is an association member with an emotional support dog subject to our pet fee?
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: One of our Board members resigned by email to the Board but it was not effective until Sept. 15, 2023. Our bylaws state that a resignation is effective at the time it is received or some other time as stated in the resignation. Now, this board member has come back and stated that he wishes to rescind the resignation. Can he do this? --B.O., Plantation
A: This board member cannot rescind his resignation. As you stated, the resignation letter made the resignation effective as of Sept. 15, 2023. At this point, the resignation letter is valid and effective as of Sept. 15, 2023. If the board wishes for this board member to stay on the board, a majority of the board can, at a board meeting, appoint this board member back on the board.
Flagpoles: Does Florida law supersede an HOA's restrictions on having a flagpole on a lot?
Board members' time: Can board members be required to work outside of attending meetings and voting?
Q: One of the owners in my condominium association has an emotional support animal. The board is considering charging this owner a pet fee. This fee is charged to all owners who have pets in the Association. Can they do this? --J.C., Fort Lauderdale
A: If the animal is an emotional support animal, the association cannot charge the owner a pet fee. Under the Fair Housing Act, the animal is not considered a pet. Instead, this animal is a tool for the owner to enjoy his/her unit and the common areas in the same way other owners without a disability are able to enjoy their units and the common areas. If the association insists on charging the owner a pet fee, the owner will be justified in not paying the fee and lodging a complaint with the appropriate governmental agencies.
Q: I am considering purchasing a home in a community. The manager told me that there is a fee that must be paid by all incoming buyers and the amount is $3,000. This does not sound right. Can a homeowner’s association make it mandatory for a buyer to pay a one-time fee for purchasing a house in the community? --R.D., Hollywood
A: Yes, a homeowner’s association can do this. It is more commonly known as a capital contribution fee. In my opinion, an association may only charge this fee if the authority is contained in its governing documents. The authority to charge this fee is usually found in either the assessments section or the transfers or conveyance section of the association’s Declaration of Covenants. If this provision is not found in the governing documents, I would question the association’s authority to charge this amount.
S. Kyla Thomson, Esq., is a Partner of the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com to ask questions about your issues for future columns or send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Can support animal owner be charged pet fee like others pay?
