Becker & Poliakoff

Nuisance or Necessary: Solving the “Pet” Problem with JoAnn Nesta Burnett

Nuisance or Necessary: Solving the “Pet” Problem with JoAnn Nesta Burnett

For more episodes of Take It To The Board, click here!


Although intended to empower people with physical or emotional disabilities, service animals can create quite the conundrum for no-pet and pet restricted communities. If your board is struggling to provide reasonable accommodations for all community members – those with disabilities requiring service/support animals and those with animal phobias or allergies – and balance these competing interests in communal spaces – pools, elevators, and lobbies – this is the episode for you!

Donna and JoAnn outline why no-pet or pet restricted communities MUST have an enforceable clause in their governing documents and enforce it equally and objectively. The conversation covers how the law differentiates between a service/support animal and a pet, whether the ADA or Fair Housing Act applies, what types of animals can shoulder service responsibilities, how to evaluate the legitimacy of a request for service animal accommodation, how to recognize the red flags of fraud, and so much more. BONUS: Get an overview on how to navigate the HUD complaint process.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunesAmazon Music, Spotify, YouTube, or listen through any podcast streaming app.