October 17th, 2022 at 3:32 pm
A. Just have one ESA, or cancel the purchase under their HOA Disclosures contingency.
B. Don’t worry because the HOA may never discover the second ESA.
C. Don’t worry because an ESA is not a pet.
D. Don’t worry because the 2 ESAs are protected by law.
E. Ask the seller to get a letter from the HOA agreeing to the buyers’ ESAs.
Answer: Answer A is wrong. An HOA is a housing accommodation provider that must comply with certain fair housing laws. One such requirement is for the HOA to make reasonable accommodations for people with disabilities, such as people with an “emotional support animal” (ESA) that helps to alleviate the effects of their disability. We don’t know what any particular HOA will allow in any given situation under its reasonable accommodation requirement. However, professionally-managed HOAs are generally likely to approve 2 ESAs.
Answers B to D are wrong. Don’t give clients an assurance “not to worry,” because you unnecessarily expose yourself to potential liability if something goes wrong.
More specifically, Answer B is wrong because you should not advise your clients to intentionally run afoul of the HOA rules. As for Answers C and D, it’s true that an ESA is not a pet, and that disabled people with ESAs may be protected by law. However, Answers C and D are wrong because we do not yet know whether this particular HOA will allow the buyers’ 2 ESAs under its reasonable accommodation requirement.
Answer E is the best answer. You can use a Request for Repairs (RR) form to ask the seller to provide, before closing escrow, a written confirmation from the HOA that it will allow your buyers’ 2 ESAs.
-Thank You to Nelson White (Director of Training & Compliance) for suggesting this week’s legal tip!
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