Regarding Pets

Article XXVIII of the Declaration of Condominium provides as follows:

“No pets or animals shall be kept or harbored on the Condominium property or the confines of a unit. Residents that have a pet residing in the unit prior to adoption of the amendment must register the pet with the Condominium Association within (30) days of the adoption of this amendment. These pets that are grandfather-in (registered pets) may not weigh in excess of (20) twenty pounds at maturity. (Note: The amendment prohibiting pets was adopted September 5, 1997,)

The word “pet” refers to dogs, cats, monkeys, birds, or any animal.
Pets must be carried at all times in common areas. No pets allowed in the back

Rules and Regulations regarding Assistance Animals

In accordance with the governing documents of La Gorce Palace Condominium Association, Inc. (the “Association”), no pets are permitted on Condominium Property or within a Unit. The Association’s policy is to provide reasonable accommodations to disabled residents, in accordance with the laws of the State of Florida and with applicable federal law, such that a disabled resident may maintain a service animal or an emotional support animal (an “Assistance Animal”).

These Rules and Regulations regarding Assistance Animals (“Rules”) set forth the Association’s policy, procedure, and process with respect to Assistance Animals.

For purposes of these Rules, “Owner” shall refer to the owner of the animal being requested to be maintained, and may include a unit owner, tenant, or other resident or person residing in a Condominium Unit or using the Condominium Property.

1. An application must be submitted to and approved by the Board of Directors prior to any Assistance Animal being permitted to enter upon the Condominium Property or occupy any Unit.

  1. 1.1  The Association requires all of the following to be submitted with the application:

    • Copy of color photographs of the animal, showing the animal from the front and sides (photographs must be taken no more than 10 days prior to the request)

    • Proof of all inoculations required

    • Proof of rabies license tag

    • Proof of liability insurance covering the animal

  2. 1.2  If the requested animal is an emotional support animal, the following additional documentation must be provided to the Association with the application:

    • Specific detail as to the accommodation requested

    • Specific detail as to the qualifications and background/treatment history of the healthcare professional providing a medical opinion for the accommodation, in order to establish that such healthcare professional is qualified to make a diagnosis and has actually treated the Owner

    • Confirmation that the Owner is a disabled individual as that term is defined in the Florida and Federal Fair Housing Laws

    • Specific detail as to how the disability substantially impairs a major life activity

    • Specific detail as to whether the requested accommodation is necessary to

      accommodate the disability

    • Specific detail as to the manner in which the requested accommodation would alleviate the effects of such disability

    • Specific detail as to whether the disability is permanent or temporary

    • If the application is requesting accommodation for more than one (1) emotional

      support animal, specific details as to the necessity for each animal

  3. 1.3  If the requested animal is being claimed as a service animal, the following additional

 

  documentation must be provided to the Association with the application:

  • Specific detail as to the accommodation requested

  • Specific detail as to the qualifications and background/treatment history of the healthcare professional providing a medical opinion for the accommodation, in order to establish that such healthcare professional is qualified to make a diagnosis and has actually treated the Owner

  • Confirmation that the Owner is a disabled individual as that term is defined in the Florida and Federal Fair Housing Laws

  • Specific detail as to how the disability substantially impairs a major life activity

  • Specific detail as to whether the requested accommodation is necessary to

    accommodate the disability

  • Specific detail as to the manner in which the requested accommodation would alleviate the effects of such disability

  • Specific detail as to special skills and/or training possessed by the animal, which allows it to specifically accommodate the disability of the Owner

  • If the applicant is requesting accommodation for more than one (1) emotional support animal, specific details as to the necessity for each animal

  1. 1.4  All medical information submitted to the Association in reference to the Owner’s disability after having been reviewed by the board, will be kept confidential in an envelope marked “confidential” in the Owner’s folder.

  2. 1.5  Falsification of any information provided with an application will result in the automatic revocation of approval of the Assistance Animal, the automatic disapproval of the animal, and the requirement that the animal be immediately removed from the premises.

  3. 1.6  Pursuant to Florida law, the Association has the right to request reasonably reliable information regarding an accommodation request. Section 456.072, Florida Statutes, considers it a disciplinary offense for any Florida-licensed health care practitioner to provide information that someone is disabled without personal knowledge of the person’s disability or disability-related need for a specific emotional support animal. For out-of-state health care practitioners, Section 760.27, Florida Statutes, provides that information is considered reasonably reliable only if such practitioner has personal knowledge of the person’s disability, has provided in-person care or services to the person on at least one occasion, and is acting within the scope of her or his practice.

  4. 1.7  All requests pursuant to these Rules are governed by the applicable provisions of Section 817.265, Florida Statutes, as amended from time to time, which provides that a person who falsifies information or written documentation, or knowingly provides fraudulent information or written documentation, for an Assistance Animal, or otherwise knowingly and willfully misrepresents himself or herself, through his or her conduct or through a verbal or written notice, as having a disability or disability-related need for an Assistance Animal or being otherwise qualified to use an Assistance Animal, commits a misdemeanor of the second degree, punishable as provided in Section 775.082, or Section 775.083, Florida Statutes.

2. Failure of the Owner to strictly comply with any provision of the Declaration, Articles, Bylaws, Rules and Regulations, or these Rules and Regulations will result in the automatic revocation of approval

of the Assistance Animal, the automatic disapproval of the animal, and the requirement that the animal be immediately removed from the premises.

3. A person with a disability or a disability-related need for an accommodation pursuant to these rules is liable for any damage done to the premises or to another person on the premises by his or her Assistance Animal.

4. The Owner must retain full control of the Assistance Animal at all times. At all times while in indoor common areas, for sanitary, medical (i.e., prevention of allergic reactions), and cleanliness reasons, the animal must be either hand carried or transported in an animal carrier/wagon, under the complete custody and control of the Owner. At all times while in outdoor common areas, the animal must be kept on a leash of no more than six feet (6') in length or placed in an animal carrier, under the complete custody and control of the Owner. Animals may only be walked in areas specifically designated for animal walking.

5. If an Assistance Animal’s behavior constitutes a nuisance as defined in the Declaration of Condominium or is otherwise deemed dangerous in the sole discretion of the Board of Directors, the Owner will be required to immediately remove the animal from the premises. For purpose of this rule a “dangerous dog” is any dog, which (i) has bitten, attacked, endangered, or inflicted injury to any person or animal; (ii) has, without having been provoked, chased or approached any person or animal in the community in a menacing fashion; and/or (iii) been deemed/classified as “potentially dangerous” or “dangerous” or “vicious” by any governmental authority. Additionally, an animal’s behavior is considered a nuisance under the following circumstances:

  • Where the animal causes personal injury or property damage

  • Where the animal makes an excessive amount of noise for an excessive period of

    time, beyond what is considered normal and reasonable

  • Where the animal is allowed to urinate or defecate anywhere other than designated areas

  1. No animals are allowed in any of the following areas at any time:

    1. (i)  the back yard;

    2. (ii)  the children’s playground;

    3. (iii)  the pool and/or jacuzzi;

    4. (iv)  the common area bathrooms;

    5. (v)  the gym, steam rooms, and/or saunas;

    6. (vi)  the social room; or

    7. (vii)  the pagoda BBQ pavilion

  2. When the animal defecates, the Owner must immediately remove and properly dispose of all

animal waste and must properly clean up after the animal at all times, in accordance with any and all provisions of the Association governing documents, including the Rules and Regulations, and any City or County law or ordinance.

8. No animal can be left unattended on any patio or balcony at any time.

9. When the Assistance Animal no longer reasonably accommodates the handicap, but the disability still exists, the animal must be immediately removed from the premises, and a new application must be presented to the Board of Directors if a replacement Assistance Animal is required.

10. When an Owner is no longer handicapped, dies, or no longer resides in the Condominium, the Assistance Animal must be immediately removed from the premises.