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HOA vs. Kangaroo – HOA Avoids Bad Press and Possible Suit

The Estates of Legends Ranch, Texas, HOA has jumped back from their decision to oust a kangaroo from the association. The six month old kangaroo named Mike resides with Jeni and Nick Dreis, and their daughter Kayla.

When the HOA found out the kangaroo resided with the family, they issued a demand letter for the animal’s removal. Kangaroos, it seems, are not deemed household animals. As such, they’re not allowed in the HOA.

The HOA relented though, and has allowed the animal to exist at the Dreis residence till the Texas Downs, a special needs education and enrichment facility utilizing a wildlife park and organic farm, is completed (estimated mid 2012).

Honestly, the HOA didn’t have much of a choice. The Texas Downs is founded by the Dreis, and Kayla has Down syndrome. The kangaroo is expected to be transferred to the wildlife park when it becomes habitable for the creature, and in the meantime acts as a companion pet for Kayla.

A simple search on “HOA Kangaroo Dreis” will return 149,000 results – and you can read the massive amount of attention this issue has received. The utter cuteness overload of Kayla and the kangaroo would have been a public relations nightmare if the HOA insisted on enforcing the bylaws (stating the kangaroo isn’t a household pet). The Dreis could have also filed a civil rights suit, as the kangaroo may fit under the Americans with Disabilities Act – which defines a service animal as (and the underline is theirs):

The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

I’m personally ecstatic that the HOA has relented on its booting of the kangaroo, and has accepted its bouncy lifestyle until it transfers to the wildlife park. Beyond the public relations issue, it’s OK (really, more than OK) for HOAs to realize that the concept of community is important in an association. That home is more than a house people huddle in, away from their neighbours. It’s a place to form relationships, friendships, and show some decent basic humanity to your fellow neighbours.

The Estates of Legends Ranch has put a great foot forward with their support of the kangaroo. They are to be commended.

2 responses to “HOA vs. Kangaroo – HOA Avoids Bad Press and Possible Suit

  1. Mea Culpa 5 March, 2012 at 5:39 am

    The ADA specifically says “Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.” Birds, monkeys, cats, fish, wooly worms and other forms of life MAY be protected by HUD-enforced “Fair Housing Act,” but they are NOT protected by ADA.

    To every rule, and exception, eh? Miniature horses are protected by ADA, Title 28, Title 42, etc. The only differences are 1) they do not get the official title of “Service Animal” and 2) a horse MAY be rejected for entry to a place of business, housing, etc based and type, size and weight AND it is considered either a safety hazard within the place or would cause a major disruption.

    And if you kick the horse out – call your lawyer… you’ll probably be needing to prove your point in court.

    http://www.ada.gov/service_animals_2010.htm

  2. Stephen Cassady 5 March, 2012 at 2:24 pm

    Thank you Mea Culpa on the update – it’s frustrating when the same government website has inconsistent publications..

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