Court Allows Owner to Retain Pet in Violation of Association’s Pet Policy Based on “Equitable Grounds”

This case involved a dispute between a condominium association (“Association”) and a condominium owner, and his girlfriend (jointly “Owners”), over their right retain a dog in violation of Association’s pet policy that limited the size of residents’ pets to 30 pounds or less at maturity. The dog in question weighed 70 pounds and Owners sought to retain it by seeking an accommodation from Association’s policy because the dog was an emotional support animal required due to a disability. Association filed suit against Owners to restrain them from keeping the 70-pound dog in violation of the pet policy. In defense of the action, Owners filed a counterclaim alleging Association violated the federal Fair Housing Act (“FHA”) and New Jersey fair housing laws.

The trial court judgment was to permit Owners to keep the dog based on “equitable principals,” notwithstanding findings by the court that Owners had violated Association’s pet policy, and there was no handicap or disability to justify an accommodation or classifying the dog as an emotional support animal under the FHA or New Jersey fair housing laws. The trial court’s judgment further provided that: (i) it only applied to the pet in question; (ii) it would not apply to a substitute pet or an additional pet; and (iii):

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$ 12.70 /month
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Personal

$ 97 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Pro

$ 297 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • 1 User

HOA Team

$ 347 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • Up to 10 Users

Get Your FREE
HOA Living Guide

 Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click! 

Success, check your email for your guide!

Scroll to Top