Ouch! HOA Sued Again!

In light of a second lawsuit recently filed against a condominium association in Aspen, managers and boards of directors should be mindful of state and federal anti-discrimination laws. The pending lawsuits stem from separate occurrences between the association and residents’ on service/support animals. Association boards and managers who receive accommodation requests from owners or residents must be careful to avoid overreaching when requesting information relative to an individual’s disability or condition. If a condition is readily apparent, and – especially in instances where an animal is clearly qualified as a service animal – continuing to interrogate owners or residents regarding proof of their condition or need for the animal could result potential liability under state and federal fair housing laws. Likewise, requiring residents with support or service animals to comply with unduly burdensome or overly restrictive rules could also result in additional risk to the association or the board.