Is Your HOA Prepared to Properly Handle a Request for a Reasonable Accommodation Due to a Disability?

In a recent case decided in Florida involving a request for an accommodation in the HOA’s pet policy, the court found that the HOA may have wrongfully “constructively” denied a request for a service animal to assist a member who had multiple sclerosis and was confined to a wheelchair. The HOA never actually denied the request, but rather requested unnecessary verifying information and filed an action for a court determination about the disability. The court stated 12 key points that an HOA should consider in evaluating a request for a reasonable accommodation and further stated that the association, directors and managing agents could be liable — and punitive damages could be awarded.