No Pets Policy

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According to the original Governing Documents of Westcliff Condominiums, we are a PET FREE COMMUNITY. https://westcliffcondo.com/governing-documents

However, in compliance with the Fair Housing Act we understand that acceptance of Verified Service and Emotional Support Animals must be accommodated. We use OurPetPolicy as a screening and verification service. Should you wish to be approved for a Service Animal or ESA, scroll to the bottom of this page to begin the application process. You will be responsible for the application fee. If you are approved, the HOA will reimburse you for the fee. If you are not approved, you will not be reimbursed. See our policy on Pets, Service Animals, and Emotional Support Animals below.

Westcliff Homeowners Association, Inc. 

Policy Governing Service and Emotional Support Animals

Effective Date: January 1st, 2025

• PURPOSE

Westcliff Homeowners Association, Inc. complies with Americans with Disabilities Act as

amended (ADAAA) in allowing the use of service animals for residents and visitors. Westcliff

HOA complies with the Fair Housing Act in allowing residents the use of Emotional Support

Animals (ESA) that are approved as a reasonable accommodation.

It is Westcliff HOAs general policy to provide reasonable accommodations to individuals with

disabilities whenever an individual has a disability and there is a disability-related need for the

requested accommodation. A disability-related need for a requested accommodation exists when

there is an identifiable relationship between the requested accommodation and the individual’s

disability.

• DEFINITIONS:

Service Animal. A service animal is defined by the ADAAA as a dog that is individually trained

to do work or perform tasks for the benefit of an individual with a disability.

- Emotional Support Animal. Emotional support animals, or assistance animals, as per the Fair

Housing Act, are animals that work, assist, and/or perform tasks and services for the benefit of a

person with a disability or animals that provide emotional support that improves the symptoms

of a disability. Because the animals are not individually trained to perform work or tasks,

emotional support animals are not Service Animals.

- Individual with a Disability. An individual with a documented physical or mental impairment

that substantially limits one or more major life activities; has a record of such an impairment; or

is regarded as having such an impairment.

HOA – Governing Board of Directors as defined in Westcliff Homeowners Association, Inc.

Master Deed and Bylaws.

Westcliff – A Condominium building located at 5709 Lyons View Pike, Knoxville, TN 37919

aka Westcliff Condos

• GENERAL POLICY: PETS AND ANIMALS ON WESTCLIFF CAMPUS

Except as provided herein, Westcliff HOA does not permit pets in the building, other than

aquatic animals, birds, hamsters or guinea pigs.

Service Animal or Emotional Support Animal review and approval can only be completed by the

Westcliff Condominiums Board of Directors (aka Westcliff Management). Service and support

animal approvals granted by the unit owner/ landlord are not valid and are not in compliance

with the Westcliff Master Deed, Bylaws and other associated governing documents.

Amendment to the Master Deed of Westcliff Condominium

This amendment was made and entered into on this, the 11th day of March, 1992, by the Westcliff

Homeowners Association, Inc.

Section b) Article 9 (b) as stated is hereby deleted and in its place said article shall now read as

follows:

- Animals. “No animal, livestock, fowl or poultry, of any kind shall be raised, bred or kept in any apartment or in the common elements, except household pets other than dogs and cats. These pets would be subject to the Rules and Regulations adopted by the Association, which states the Association may exclude any kind of pet by type or category; no pets shall be kept, bred or maintained for any commercial purposes and any such pet causing or crating a nuisance or unreasonable

disturbance shall be permanently removed from the property upon three (3) days written notice

from the Association.

• SERVICE ANIMAL GUIDELINES

Building access.

Service animals may not be excluded from the private apartments and common areas, except in

the following circumstances:

A service animal whose behavior poses a direct threat to the health or safety of others or is

disruptive to the community may be excluded from the building regardless of training or

certification.

When consistent with other Westcliff HOA policies, state, and/or federal laws and regulations, a

service animal may be restricted from specific areas of the building:

1) Areas where the service animal may be in danger

2) Areas in which the service animal is not accompanying the owner.

3) One or both elevators (depending on location of apartment where the Service animal

resides)

4) Laundry room

5) One or two floors (depending on location of apartment where the Service animal resides)

6) Lobby

7) Sections of building to accommodate other residents

8) All lawns and pool

• SERVICE ANIMAL HANDLING

1) A service animal shall have a harness, leash or other tether, unless the owner’s disability

precludes the use of such tether, in which case the animal must otherwise be under the

control of the owner (i.e., voice controls or other effective means.

2) Members of the Westcliff community and visitors are prohibited from interfering in any

way with a service animal or the duties it performs.

3) The owner of the approved service animal shall not be required to produce

documentation for another resident. If in question, please contact the HOA directly.

4) Service animal owners must not be asked about the nature of their disability or for

medical documentation if the disability is apparent. Owners must not be asked for special

registration, identification card, license, or other documentation that the animal is a

service animal or to demonstrate the animal’s ability to perform work or tasks.

If the need for the service animal is not apparent, Westcliff management may only ask the

following of a service animal owner:

1) Whether the service animal is required because of a disability; and

2) What work or task the animal has been trained to perform.

3) Reliable disability-related information can be requested, if the disability and/or the

disability-related need for the animal are not apparent.

Notice Requirements.

1) Residents with disabilities who intend to bring a service animal into the building are

requested to notify the Westcliff management of the need for the service animal’s

presence in advance of bringing the animal to the building. Please contact the Office at

westcliffcondo@gmail.com

2) Residents are asked to contact the Westcliff management to ensure appropriate residential

accommodations are assigned.

False Claims. Misrepresentation of a service animal is a Class B misdemeanor (T.C.A. §

39-16-304). Westclff Condominiums reserves the right to notify the Knoxville Police

Department of any individual who knowingly misrepresents a disability or disability-related need

for the use of a service animal.

• EMOTIONAL SUPPORT ANIMAL APPROVAL PROCESS

The presence of an Emotional Support Animal (ESA) in the building is limited to an ESA

owner’s residence and must be approved by the Westcliff Homeowners Association, at its

discretion, through the following process:

To be able to reasonably accommodate housing with an approved Emotional Support Animal

(ESA), and allow enough time for the committee to review the application materials, the

following deadlines have been stipulated and must be adhered to:

Residents requesting approval of an ESA must contact the Westcliff management to obtain

information regarding accommodation request(s) procedures. Failure to do so is a violation of

Westcliff Condominiums Bylaws and Master Deed.

Documentation:

1)  A diagnosis of the person's disability from a medical professional: This documentation

must come from a qualified therapist, counselor, or medical professional appropriately

licensed in the State of Tennessee. The“Provider” should have an established therapeutic

relationship with the resident (normally, at least six sessions).

2) A clear description from the Provider of the current impact and functional limitations

resulting from the disability.

3) The Provider's confirmation that the ESA has been prescribed for treatment purposes and

is necessary to help alleviate symptoms associated with the person's condition and/or to

help the person access condominium amenities.

4) The Provider's description of the support that the ESA should provide:

a. Any additional rationale or statement the HOA may reasonably need to

understand the basis for the Provider’s professional opinion.

b. Medical information release consent permitting any discussion or follow-up

questions from the Westcliff Board of Directors to the medical provider.

Meeting:

Westcliff management, as appropriate, will meet with the resident to discuss the need for an ESA

in the apartment.

Criteria:

Westcliff management, in consultation with the resident and other parties as appropriate, may

consider the criteria below in determining whether the presence of the animal is reasonable and

necessary to make housing accommodations for individuals with emotional support animals:

1) Whether the animal poses or has posed in the past, a direct threat to the individual or

others

2) Whether the animal causes or has caused excessive damage to housing beyond reasonable

wear and tear;

3) 4) Whether the size of the animal is too large for available assigned residence space;

Whether the animal’s presence otherwise violates individuals’ right to a quiet home

environment;

5) Whether the animal is not housebroken or is otherwise unable to live with others

reasonably.

• DISCLOSURE CONSENT

The resident must provide written consent, as applicable, to disclose

information regarding the request for and presence of the ESA to those individuals who may

be impacted by the presence of the animal, including but not limited to maintenance

personnel and potential roommate(s)/neighbor(s). Such disclosure shall be limited to

information related to the animal and shall not include information related to the individual’s

disability.

Additional Information. The resident may be required to submit additional information about

the type of animal before approval by the Westcliff management.

Recommendation by Westcliff management:

Based on the documentation submitted by the resident and any additional information

collected through meetings with the resident, Westcliff management shall determine whether

or not to permit the ESA. Westcliff Management will inform the resident of the decision as

well as any required constraints specific to the individual and/or animal.

A resident or potential resident is not allowed to bring an ESA to Westcliff Condominiums

before receiving written approval from Westcliff management.

• RESTRICTIONS & LIMITATIONS ON APPROVED ESAs

If approved, the emotional support animal is to be appropriately confined to the individual's

apartment and is not allowed to be present in other areas of Westcliff building with the

exception of walking a dog outside for relief purposes. This restriction includes but is not

limited to the mailroom, building lobby, and pool area. The only exception to this restriction

would be if the resident needs the ESA to navigate the property. When an ESA is outside the

individual’s living space, it must be in an animal carrier or controlled by a leash or harness. If an

animal is found running at large, the animal is subject to capture and immediate removal from

Westcliff building. Approved ESAs must be taken with the owner if the owner leaves Westcliff

overnight. Violations will be addressed in accordance with Westcliff governing documents:

Master Deed, Bylaws, Rules and Regulations, and the Fee Schedule.

The pet relief area is designated as the portion of lawn that is on the far side of the parking lot.

Animal waste must be disposed of by owner and not left on the ground.

• REVOCATION OF APPROVAL OF ESA

The HOA will take appropriate measures, up to and including revocation of approval for an ESA

and/or a specific animal if, among other reasons:

1) The Owner violates any term of this policy, after notice and reasonable opportunity to

remedy when possible;

2) The Approved ESA is no longer needed to assist with a disability;

3) The HOA determines that the Approved ESA is a direct threat to the health, safety, or

property of anyone in the Westcliff community;

4) The HOA discovers that false or misleading information was provided in the Owner’s

application for approval of an Approved ESA.

The HOA reserves the right to make an interim accommodation while determining appropriate

measures.

The requesting resident may appeal the revocation of approval of a previously Approved ESA.

• COMPLIANCE WITH APPLICABLE LAWS

A resident with a service animal or approved ESA must follow all applicable local and state

ordinances, laws, and regulations regarding care, licensing, vaccinations, and other requirements

for animals. It is the resident’s responsibility to know and understand these ordinances, laws, and

regulations. The HOA has the right to require documentation of compliance with such

ordinances, laws, and/or regulations, which may include vaccination records. The HOA reserves

the right to request documentation showing that the animal has been properly licensed.

• RESPONSIBILITY FOR PROPERTY DAMAGE

Any resident with a service animal or approved ESA must clean up after and properly dispose of

the animal’s waste in a safe and sanitary manner. An ESA owner may be charged for any damage

caused by his or her service animal beyond reasonable wear and tear to the same extent that other

individuals are charged for damages beyond reasonable wear and tear. The individual’s living

space may also be inspected for fleas, ticks, or other pests as part of the HOAs standard or

routine inspections. If fleas, ticks, or other pests are detected, the individual will be billed for the

expense of any pest treatment above and beyond standard pest management in the building.

Westcliff Management shall have the right to bill the ESA owner’s account for unmet obligations

under this provision.

Westcliff Homeowners Association reserves the right to amend this policy at any time, as

circumstances require.

This policy replaces the policy adopted by the Board of Directors on 06/01/2017