No place for Pappah
The chihuahua has lived at Imperial Cove condominiums since 1993. Now the condo association says he must go.
By MONIQUE FIELDS
© St. Petersburg Times,
published July 15, 2001
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[Times photo: Carrie Pratt]
Dorotha Edgeworth holds her chihuahua Pappah, which she bought when her husband was ill. Unwilling to part with her friend, Edgeworth, 85, is looking for a new home.
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CLEARWATER -- Pappah stands 8 inches off the ground, weighs 4 pounds and has a bark more fitting of a toy dog.
He's never too far away from his owner. At home, he sits by Dorotha Edgeworth's side. Outside, she zips him away in a straw purse and carries him everywhere, from church to restaurants.
Trouble is, Edgeworth's condominium association says the chihuahua must go.
Never mind that Pappah has lived at Imperial Cove condominiums since 1993. Or that his owner has a letter from her doctor saying the dog lowers her blood pressure. Or that everyone, including the president of her building association, knew the dog lived there for years.
Condo rules clearly state no dogs are allowed, said Tony Skrobacz, president of Imperial Cove Condominium Association VI.
Unwilling to part with her friend, Dorotha Edgeworth, 85, is looking for a new home.
"Nobody else will put up with my goofy ways," she joked.
She is considering moving to Chicago, where her children can look in on her from time to time. She hasn't yet decided if she will rent or sell her condominium.
Back in 1993, nobody had a problem with the dog. Edgeworth brought Pappah home to help her husband, Thomas, whose health was failing. The retired nurse was familiar with research that said dogs can help ease some ailments, and she credits Pappah with helping extend her husband's life for three years.
Skrobacz said the condominium allowed the Edgeworths to keep the dog until "Tom passed away or got better, at which time she was supposed to remove the dog." Edgeworth said there was no such agreement.
After her husband died in 1996, no one said a word about Pappah. But friends and neighbors knew he was there.
"I never gave the dog a second thought after Tom passed away," Skrobacz said. "I never heard him."
But neighbors began to complain. Skrobacz declined to say who.
It wasn't until 1999, that Edgeworth learned Pappah was a problem. Someone in the condominium wanted an exception to a condo rule. When that person was turned down, the person asked why Edgeworth was allowed to keep her dog, Skrobacz said.
For two years, the association mailed Edgeworth notices and asked her to remove her pet.
She contacted Francis Lee, a lawyer she said took her case free of charge. But last August, he advised her to find a new home for herself and Pappah.
In January, the state Department of Business and Professional Regulation sided with the association: Edgeworth had to get rid of the dog.
But there are defenses for such cases, said Ellen de Haan, a lawyer with the firm of Becker & Poliakoff, which specializes in homeowner association laws.
One could argue that too much time passed between when association leaders learned of the dog and when they tried to remove it.
Also, by knowing about the dog but ignoring it, condo leaders lost their right to evict
"Without knowing all the details, I would say in a situation like this, she had a lot of good evidence on her side and she could have at least argued her case and had a good chance of winning," de Haan said.
But Edgeworth said she is tired of fighting.
She just wants some peace for her and her dog.
"I'm not getting any younger."
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Woman allowed to keep chihuahua
A condominium group wanted the pet's 85-year-old owner to get rid of the dog. But thanks to a federal law, Pappah can stay.
By MONIQUE FIELDS
© St. Petersburg Times,
published August 11, 2001
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CLEARWATER -- For two years, the Imperial Cove Condominium Association dogged Dorotha Edgeworth, 85, with letters asking her to remove her pet chihuahua or leave.
Unwilling to part with Pappah, she began to look for a new home in the area, while her grown children contemplated moving her to Chicago.
But the association reconsidered the matter after Edgeworth consulted with the Pinellas County Office of Human Rights in Clearwater. She sent a certified letter to the president of the condominium association, saying she had medical disabilities and cited a federal fair housing law that prohibits housing discrimination against people with disabilities.
"It's not clear whether they would fall under the fair housing act, but in discussions the board said it would give her the benefit of the doubt," said attorney Uta S. Grove, who represents the association. The board also considered the expense of going to court, she said.
Board directors decided to let Edgeworth keep her dog as long as she keeps him on a leash while outside and he doesn't disturb neighbors.
The accommodation was made based on "unique circumstances" and "shall not be deemed to be any indication that the board will not enforce the association's "no pet' rule as to other residents," Grove wrote.
Just like that, the entire ordeal was over.
"I tell you it's a big relief," Edgeworth said.
She is also grateful for the overwhelming support she received from residents, particularly Mary Rogero, a real estate agent.
After reading about Edgeworth's plight in July, Rogero called her to say she wasn't an attorney and didn't want any money. "I think I can help you," she said.
A year ago, Rogero came across the Fair Housing Amendments Act of 1998 while researching an age discrimination case. Edgeworth already had a letter from her doctor saying the dog lowers her blood pressure, and she says Pappah is good for her mental and physical health.
Rogero took Edgeworth to the Pinellas County Office of Human Rights, which investigates discrimination and seeks resolution of complaints. Then she helped her write a letter to the president of the association.
Rogero, for one, wasn't surprised by the association's response.
"When you're right, you're right," she said.
Pappah has lived at Imperial Cove condominiums, on U.S. 19 near Belleair Road, since 1993. Since then, he has become Edgeworth's constant companion. He weighs 4 pounds and sits by her side at home. He is so small she can tuck him away in a purse when she needs to run errands.
In 1993, nobody complained about Pappah. Edgeworth, a retired nurse, brought him home to help her husband, Thomas, whose health was failing. She read about research that said dogs can help ease some illnesses, and she credits Pappah with helping extend her husband's life for three years.
In 1999, though, Edgeworth learned Pappah was a problem.
Condominium association representatives said the Edgeworths could keep the dog only until Thomas' death. Edgeworth said that was not the case.
Edgeworth failed to respond to legal letters sent to her, Grove said. The association took its case to the state Department of Business and Professional Regulation, which sided with the association. Edgeworth said that deaths and other family matters took her away from Florida, and she wasn't paying attention to her mail, a move she admits was "foolish."
It doesn't matter now. Edgeworth has ended her search for a new place and told her relatives she plans to stay at Imperial Cove.
"I believe in angels," she said, "and I had a number of angels."
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