An Old Town woman has moved out of her condominium after the unit’s homeowners association discriminated against her and her service dog, the woman said.
Rebecca Parsons purchased a condo in the 12-unit Hellas Condominiums in Old Town in January 2024. Shortly after, the condominium’s homeowners association found her in violation of the HOA’s “one-dog rule” because she had a service dog and a pet dog, she said.
A service dog is not considered a pet under federal law.
The HOA also denied Parsons’ initial request for a fenced-in area for Otis, her service dog, Parsons said.
Parsons wanted to build a fenced-in area in her backyard for Otis to relieve himself and get exercise. Parsons has hypermobile Ehlers-Danlos syndrome and postural orthostatic tachycardia syndrome, which prevents her from always being able to walk Otis when needed.
Parsons filed a complaint with the Maine Human Rights Commission on Aug. 16, alleging discrimination by the HOA. The commission, which enforces the state’s anti-discrimination law, unanimously voted in March that there were “reasonable grounds to believe that unlawful discrimination has occurred.”
The commission said it will work with Parsons and the HOA board to try to reach a settlement before Parsons decides whether to file a lawsuit.
“I just want them to admit that they discriminated and change their behavior,” Parsons told the Bangor Daily News. “But I don’t see their behavior ever changing if they keep trying to double down that they didn’t [discriminate]. Because if they think what they did was right, then they’re going to keep doing it.”
The HOA submitted hundreds of pages of documentation, including emails between members, according to an investigator’s report submitted to the Maine Human Rights Commission. There were numerous statements from the board members showing hostility to Parsons’ request for a fenced-in area.
“While individual statements by Board members are not necessarily evidence of discrimination by the Board itself, it is worth noting that the majority of the Board appeared unwilling to consider [Parsons’] request because it required a variation in how the HOA’s rules were applied,” the report said. “A reasonable accommodation necessarily implies an exception to a generally applicable rule to allow an individual with a disability to have equal ability to use and enjoy the property.”
Kit Thomson Crossman, executive director of the commission, did not respond to a request for comment. The commission broadcasts its proceedings on YouTube.
The HOA never denied Parsons’ request for a fenced-in area, and in fact, “officially granted this request last year without condition,” the HOA’s attorney, Jay Gregory, said when contacted by the BDN.
The HOA did “tentatively” grant Parsons permission to build the fence on Aug. 8, 2024, the investigator’s report said. However, “the letter outlined numerous requirements for the fence” that placed an unlawful burden on Parsons, which “violates the [Maine Human Rights Act] by effectively denying Complainant’s request.”
The HOA eventually acknowledged that Parsons’ service dog was not a pet and she was allowed to keep both dogs.
Parsons’ conditions are chronic and include symptoms such as cardiovascular instability, neuropathic pain, joint instability and profound fatigue.
“I’m always tired,” Parsons said. “There’s never a time I’m not in pain.”
An unauthorized fence was later built in Parsons’ backyard while she and her husband were on vacation. Parsons does not know who built the fence, she said. The HOA sent a Nov. 1 letter to Parsons that the fence could stay “in an effort to promote harmony.”
The Parsons moved out before the commission reached its decision, but they still own the condo.
The fence is still up, Parsons said Tuesday.
“For me it’s more about letting people know that you have rights,” Parsons said. “You don’t have to have something that other people think is enough of a disability to get an accommodation. These laws are here for a reason.”
