HOA fighting ESA letter

[Steven Pressey]

Two weeks ago I selected a tenant with an ESA 70lb dog for one of my properties in Colorado Springs, CO. The ESA letter met all the legal requirements I could find so i accepted them even though my policy was no pets. The HOA has a policy of no dogs over 30lbs and is now threatening to start fining me $50 per day until the dog is removed. The HOA says the ESA letter is bogus because it is not from an in-state therapist, though the therapist is licensed in the state of Colorado. If I kick out the tenants I'm subject to a lawsuit from them, but if I keep them I'm subject to HOA fines. Any recommendations would be greatly appreciated.

[Russell Brazil]

Just tell them to take the issue up with HUD. Any action they take will result in you filing a fair housing complaint against the HOA. Let them know the penalty for a first offense is $16,000, and insurance does not cover fair housing complaints.