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Question
Do we have to allow a helper dog without fee?
Our condo association imposed a fee of $50/year/dog for all condo owners, to cover the costs of cleanup (dogs were piddling in the hallways, incurring high cleanup costs - $50/dog/year will cover about 1/3 of the cost). One of our residents refuses to pay, saying her dog is an asthma helper dog. Realizing we have to accommodate her due to ADA regulations, do we also have to not charge her? We're told the dog has certification and that it's an "asthma rescue dog," whatever that is. The real question is whether we can charge certified dogs if we're charging all dogs. I'm the president of the condo board, that's why I'm asking :)
1 year ago - 5 answers
Best Answer
Chosen by Asker
This is a sticky area. You are dealing with the Americans with Disabilities Act as well as the Fair Housing Act. I would contact your Association's attorney and get a written legal opinion before asking for anything from her. You don't want a lawsuit!
by Lauren
1 year ago
Asker's Rating: 
Other Answers
those helper dogs land in that fine grey area, need to discuss it with a ada specialized lawyer. On one hand seeing eye dog no issue, then you get the other spectrum helper dog, is the dog certified? is there a doctor's note? can not inquire into the actual disability, see many factors
by goz1111- 1 year ago
I suppose she too would be liable for this fee, but this is something for the condo association to approve or disapprove. bettyk
by betty k- 1 year ago
From what I have found on the web you can not charge a deposit/fee for her having the dog. You can how ever make her prove that it is a medically needed dog and you can charge her a fee if the dog does do any damage. Tho I do say she is in quite bad form for not offering to pay the 50.00 like everyone else does. I'm sure with her horrible asthma it must be a real bother for her to properly clean up after her dog. What exactly does an asthma helper dog do? I could see if it alerts the parents that a child is having an attack but what can a dog do for an adult that is having one? I can not find anything on the web about dogs certified with asthma.
by gnomes31- 1 year ago
Most certified assistance dogs have some sort of recognition of their assistance dog status. If she can produce a doctor's note that the dog is required for her disability (is asthma a disability now?) and can provide documentation of the dog's therapy dog status, it would probably be in good form to waive the fee. I would also ask in the dog forum if there is a website someone can provide you for asthma assistance dogs. Sounds a bit far-fetched to me.
by godged- 1 year ago