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Privacy, Boards, Sponsors, petsSep 19, 2010


We have a co-op with a sponsor of unsold shares. What if any laws exist about maintaining confidentiality of any medical and personal information provided by a shareholder or tenant justifying their need for emotional support animal in a no pet building? Our board posts our board meetings in the laundryroom and we have concerns about how we handle sensitive information such as this. Can the tenant sue us for invasion of privacy? We are also afraid everyone in the building will start getting pets saying they need it for mental reasons.Also, if we have birds and cats in the building, is it legal to forbid dogs? Thanks

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Privacy - Mark Levine Sep 20, 2010


If I were your manager and this came up, i would advise you to only say in the minutes that "Shareholder of unit xx was granted permissionvto harbor a pet based on the medical information provided to the Board."

In the minutes you don't have to go into detail of what the actual cause was. You have that on record in the file and you could always defend your decision to any future shareholders inquiring/challenging. That statement also is not outing any personal issues.

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Privacy, pets - Past Prez Sep 20, 2010


You say you are a no pet building. Was that always the case? If so, the tenant/shareholder knew about this and should not have been accepted into the building. In fact, should not have applied at all. However, if this is a new policy, I agree with Mark on how to enter it into the minutes IF you are going to allow the pet. Should anyone ask for specifics, all you have to say is it is confidential. The end.

Birds usually don't count as well as hamsters, etc. probably because they are kept in cages. Cats do count so if you allow cats you have to allow dogs (you can specify size).

Good luck!

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pets - dianne stromfeld Sep 21, 2010


My co-op insists that buyers sign a no pet policy and yet, miracuously they appear. If a dog is living in the building for 90 days, openly and notoriously, they must be allowed to remain. If a resident can prove a medical or physcological need, they will be granted the right to a "service animal". It is important for employees of the building to diligently report animals so that the 90 days do not run out. If a buyer wants a pet, rules or not, many will do everything possible to have one, so the question of another writer, why do they seek out the apartment, "because they want to and will do anything possible to keep one" is the simple answer.

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pets - MB Sep 21, 2010


The sponsor knew of the dog for many years, but did nothing, but because our shareholders are making a fuss (many want dogs), we have alerted the sponsor that this tenant is in violation of house rules and lease. We have in turn been warned by counsel that co=op and sponsor could face a lawsuit for not accomodating a person with a disability and his dog, and there is nothing can be done since dog has been here for years. Any suggestions how to resolve? We also fear threats of lawsuits from shareholders who want dogs and can get letters saying they need one.

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pets - dianne stromfeld Sep 21, 2010


again, once that 90 days passes, pets will usually be allowed to stay if the case goes to court. If there are rules prohibiting pets then there has to be vigilant oversight for new ones.
you can incorporate rules for pet behavior which would have to be followed by all. limit on size, new ones only, where they can be walked, passage through lobbies and in elevators,etc. if you are a condo, have fines in place. good luck

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pets - we too Sep 22, 2010


So, you have informed the owner of the no pet rule, but refused to give up the cute, cuddly puppy. What can you do now?

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pets - we too Sep 22, 2010


It's me again. I have a thought. Since the no pet house rule is essentially useless, do you think it would be sound to assess additional maintenance for pet harbor (not as a penalty; people tend to scoff at the word "penalty")? It's pet rent.

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pets - dianne stromfeld Sep 22, 2010


turn it over to the attorneu and start a lawsuit. My co op is in the process of suing 8 dog oners. Too bad the dogs weren't discvered earlier, now the lawyers will be the big winners.

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Dog rules - MRM Sep 22, 2010


Having managed many properties in Manhattan my experience has been that while boards may have the interest of the Coop at heart when it comes to pets and rules they back down and shy away when a shareholder complains. Yes,they have no balls. The board requested the staff to snitch on who had a dog and was violation house rules. End result staff were the bad ones and the board smelt like roses.

MRM.

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no pets - Anonymous Sep 23, 2010


Gee, my coop board doesn't back down on anything!

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SERVICE DOGS or PETS - Peggy Meerkatz Sep 23, 2010


In Jan due to advancing Multiple Sclerosis I had to move in with my mom. Her condo had a NO PETS rule but there WERE a FEW dogs living here that were "emotional support animals". BEFORE I moved I presented my dogs papers to prove that she was a SERVICE DOG (diabetic alert & mobility). Shortly thereafter the condo APPROVED my keeping the dog but AFTER I moved in they wanted me to sign a "CONTRACT" that I would take my dog OFF THE PROPERTY (it is a gated community) to do her business, NOT take her in or thru the lobby ESSENTIALLY she could go to & from my van & from the Condo OFF THE PROPERTY. I WOULD NOT SIGN THE CONTRACT. I am a Disability/ Service Dog Advocate. Federal Law states that my dog as a LEGITIMATE SERVICE DOG can go in ALL AREAS OF PUBLIC ACCESS. I met with the building manager that is as useful as a 3 legged donkey. She was UNRELENTING and PROMISES she did make to me she NEVER FOLLOWED THRU.

I IGNORED the CONTRACT and IGNORED the "RULES" as far as where my dog could go because no matter what FEDERAL LAW IS THE LAW NOT THE CONDO LAWS. I was stymied in many ways because my mom (the condo owner) FORBID ME to advocate for my rights either in regard to accessibility (this condo sucks as far as accessibility) or my Service Dog rights.

For MONTHS things went ok in the above manner. Then dogs began APPEARING in droves, it seemed every other tenant has a dog. Then this woman accross the hall from me got a cat which she let outside to wonder around & also allowed to wander the halls. I don't mind cats except this thing was brazen & kept going after my dog. Anyway, suddenly the non-pet owners SENT LETTERS, MADE PHONE CALLS - WENT APE about there being TOO MANY DOGS HERE. Note most of these dogs are small lap dogs; many are puppies. While my Service Dog is only 12 pounds she is TRAINED most of the other dogs here ARE NOT TRAINED (neither are their owners but that is another story).

A month ago I got a nasty letter from the building manager that there were NUMEROUS COMPLAINTS about my walking the dog on the condo grounds. The complaints no doubt stemed from my taking my Service Dog to the mail room, laundry room, along a walk path. Even when on the walk path the dog had been taken OUTSIDE THE CONDO grounds to do her "business" first. These "Emotional support" dogs/ cats/ puppies ARE NOT Service Dogs & NOT protected by Federal Law but I AM BEING HELD TO THE SAME STANDARDS THAT THEY ARE.

Finally I went against my mom's RULES & sent a letter to the building manager telling her that I WOULD NOT sign the contract because it was LEGALLY, ETHICALLY & MORALLY WRONG I also made a FORMAL REQUEST for REASONABLE ACCOMMODATIONS. I am waiting now to have a meeting with her.

BEFORE you CONDEMN ALL DOGS check to see which dogs have LEGITIMATE SERVICE DOG JOB & HENCE are PROTECTED by Federal law & which are PETS. Therapy dogs, emotional support dogs, pets DO NOT have the same FEDERAL PROTECTION as LEGITIMATE SERVICE DOGS. But CONDEMNING someone for OWNING A SERVICE DOG COULD set you up for a HEFTY LAW SUIT.

Ask the owner - is the dog necessary to help you with a medical or psychiatric condition?
AND what tasks is the dog trained to do?

The answers LEGALLY can be vague because NO ONE BY LAW NEEDS TO REVEAL THE EXACT NATURE OF THEIR MEDICAL OR PSYCHIATRIC CONDITION

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