Help from a Florida Service Dog Attorney While service dogs provide essential services to people with various types of disabilities, an increasing trend involving people claiming their emotional support animals (ESAs) as registered service animals has led to numerous problems in Florida and throughout the U.S. While service dogs qualify under the Americans with Disabilities...Read More

There are countless benefits to having a companion animal — from the unconditional love they provide to encouraging exercise and easing loneliness. But an animal can also help to protect against cognitive decline and alleviate the symptoms associated with certain mental health conditions. In fact, emotional support animals (ESAs) provide numerous therapeutic benefits to individuals...Read More

Many people seek comfort in the paws of a pet but may not know all the terminology for the various types of animal-owner relationships. Therapy dogs? Emotional support dogs? Service dogs? The various terms may seem like they could be interchangeable, but in reality and under the law, the status of your animal may have...Read More

Although Florida Homeowners Associations and Condo Associations are allowed to establish use and occupancy restrictions and rules, state and federal law provide important protections for owners against restrictions that are unreasonable, arbitrary, or discriminatory. Any “restrictive covenants” must be “reasonable and rationally related to a permissible state objective.” An experienced Florida condo attorney can assist...Read More

If you need the assistance of an animal to alleviate the symptoms or effects of a disability (or even to detect covid-19!), it is important to understand that there are different categories of assistance animals, and how your animal is defined will impact how your request for an accommodation for your animal will be treated...Read More

If you live in pet-restricted housing in Florida and are trying to get approval to keep an emotional support animal in your home, you may be tempted to use an online service.  For little cost or effort you can obtain a letter stating that you are qualified to have a support animal and then submit...Read More

As hurricane season gets underway, there are a number of important preparedness steps Floridians should be taking. Creating or updating your family disaster plan, stocking your home and car with emergency supplies, collecting important documents (emergency phone numbers, insurance information), and preparing for a possible evacuation order, are just a few key elements of Florida...Read More

The coronavirus health crisis has impacted all of our lives in ways large and small. As the country continues to deal with the pandemic, we are experiencing a new normal. We are working from home, meeting our friends and family for virtual get-togethers, and many of us have been introduced to telemedicine for the first...Read More

Last month, the Florida Senate unanimously passed a bill targeting people who misrepresent their need for an emotional support animal in housing like condominiums and rental buildings.  The bill makes it a second-degree misdemeanor, punishable by up to sixty (60) days in jail and/or a $500 fine, as well as community service, to submit false...Read More

If you are looking to buy a home in a pet-friendly condo, be sure to check the rules of the condo or homeowner’s association (HOA).  There are likely to be restrictions on the kind of pets you can bring, where they can go within the community, and how they are expected to behave.  As a...Read More

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) released guidance on the process of requesting an accommodation under the federal Fair Housing Act (FHA) for a comfort pet.  The previous guidance put out by HUD (FHEO-2013) is now replaced with this new guidance report.  The FHA provides that disabled persons...Read More

If your request for a reasonable accommodation from your Florida condo association has been denied (such as a request to keep an emotional support animal or service dog in your pet-restricted condo), you may have a viable claim that the association has violated the Fair Housing Act (FHA).  The FHA prohibits discrimination against disabled residents...Read More

If you suffer from a psychiatric disability and rely on your therapy pet to alleviate your symptoms, you may face resistance from a condo association or HOA with a “no pets” policy.  Because use of “emotional support” animals to treat psychiatric disorders is not as well understood as, for example, the use of service dogs...Read More

If you have a comfort pet you wish to bring to your pet-restricted Florida condominium, you can make a formal request to your association.  Federal law allows condo owners with disabilities to seek accommodation for a comfort dog or other pet, referred to as an “emotional support animal.”  The Fair Housing Act prohibits discrimination against...Read More

The law allows people with disabilities who wish to keep their emotional support animals (“ESAs”) in their Florida condos to seek a reasonable “accommodation” from their associations.  Key to the success of your request will be knowing what information you need to provide when you request an accommodation and how to be sure that the...Read More

Many Florida Condominium Associations have made it increasingly more difficult for individuals with assistance animals like Service Dogs and Emotional Support Animals.  Contrary to both State and Federal Laws, some Associations have refused to allow Emotional Support Animals and will only allow individuals with Service Dogs. The main differences between Service Dogs and Emotional Support...Read More

If you have ever walked around any of the high end shopping malls like the Bal Harbor Shops,  Aventura Mall, Town Center Mall in Boca Raton, or the exclusive Waterside Shops in Naples, you can’t help but notice many people with their cute little dogs walking around the Mall or in these cute little baby...Read More

I have been getting a considerable amount of calls lately from Condo owners and Homeowners here in Fort Lauderdale, Miami, Aventura, Naples, Sunny Isles and Boca Raton.  The majority of the calls are from individual owners concerned about various Condo Pet Rules and HOA Rules restricting their ability to keep pets as well as Assistance...Read More

As a Florida Attorney with offices near Miami, Aventura and Fort Lauderdale, I have seen many examples of Condominium and Homeowner Association Boards operating illegally.  One of the most prevalent abuses is Association Boards enacting Rules outside the scope of their authority. Many Condominium Associations and Homeowners Associations in Florida have a provision in their...Read More

I recently received a call from a woman residing at an over 55 Community like Century Village Condominium here in South Florida.  She was being told by her Association to get rid of her dog or face legal action.  Despite the fact that she had a documented disability and a letter from her Doctor attesting...Read More

I am sure many of you have been reading the recent articles in our newspapers dealing with Service Animals and Emotional Support Animals.  Many of these news articles appear to be one sided trying to paint a picture that the majority of claims out there are fraudulent attempts to get by Association Pet Restrictions or...Read More

If you have a Service Dog or Emotional Support Animal and your Association is questioning your need or simply conducting a reasonable inquiry you should consult with an Attorney before responding.Read More

As a Florida Attorney that represents Condo Owners and Homeowners that have disputes with their Associations I hear many stories of  about how owners have been damaged by the actions or inactions of their Associations.  I usually only hear the bad.  As an experienced Trial Attorney I know that it is my job to listen...Read More

According to Jan Bergemann, President of Cyber Citizens For Justice, The new version of H5005 to be approved … shows that all provisions regarding the removal of license requirements for community association managers (CAMs) and all wording regarding dissolving the Division of Florida Condominiums, Timeshares and Mobile Homes and the Condo Ombudsman’s Office have been removed. Thank...Read More

As an experienced Trial Attorney with offices near Fort Lauderdale, Miami and  Aventura, I have helped many Condo Owners and Homeowners resolve disputes that they have with their Associations, Board Members, Property Managers and with other owners.  I have handled all types of cases from water and mold damage due to association failure to maintain...Read More

Many of us in Florida  live in Condominiums and Homes governed by Associations.   These Associations are typically run by Board Members that we elect to run our development.  What happens when the Board tells us that we can’t have dogs over a certain weight, that our teenagers can’t use the common Gym unless they have a...Read More

The title of this article is Emotional Support Animals and Service Dogs.  Of course many of you know that I am a Florida Attorney that represents condo owners and homeowners that have disputes with their associations.   I handle all types of cases including condo pet restrictions, mold and water damage cases and cases dealing with 55...Read More

The Law Offices of Herb M. Milgrim, P.A. is a Florida Law Firm that specializes in representing Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association.  We provide prospective clients with a Free Case Evaluation. Once we have been retained we review all of the...Read More

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? (The following is the second of   three parts. The first part  discussed pets that are actually “service animals” protected by the Fair Labor Housing Act.  This second second part  discusses “emotional support” animals and the third...Read More

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? For many of us our pets are like members of the family so this can be a very traumatic and difficult decision to deal with.  Before you attempt to take on your Condominium Association by...Read More