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OCEAN CITY MD , Oceantime Non Compliant ADA Service Animal

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tschwa2

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This is a relatively recent change with Ocean Time- maybe 2 years. Perhaps (hopefully) they consulted with an attorney and there have been recent changes on the way the law is interpreted for timeshares especially those with less than 20 units. Gunbow filed his/her complaint and will keep us appraised of the result of the complaint. I am not an attorney but fairly familiar with the ADA and how it applies to workplace accommodations but not so much on the nitty gritty as it relates to timeshares and what constitutes "operating like a hotel" Hotel branded timeshares with 24 hr front desks and daily check in/outs certainly operate like a hotel. I am not sure that a 20 unit timeshare with an off site check in with fairly limited hours that only allow check in's during certain days of the week constitute operating like a hotel.

I guess we will find out.
 

gumbow719

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I really don't think someone renting a timeshare week makes them equivalent to a "hotel" (public accommodation) under ADA. If you come across the ACTUAL ADA law/guidelines, please share. Did you know that Ocean Time only allows owners to bring a dog normally, not renters or RCI traders? Are you an Ocean Time owner, or did they accommodate your service animal? As an owner at Ocean Time, I want the management company to follow the law, but you haven't convinced me yet that they are in violation of anything for our timeshare situation.
We are owners but by they do accommodate Service Animals for the same pet fee they charge non service animals..there is the glitch you can not charge the same fees charged to pets because the Service Animal by definition is not a pet but provides a Service this is not an emotional support Animal which can and does require documentation, specifically a doctors letter. When the ADA charges Oceatime with the violations I will be glad to post..Please keep in mind I have tried for over a year to give Oceatime all the torts and I guess they do not know how to read..oh well..not my problem anymore..only owners or Service Animals and emotional support animals allowed but all get a pet cleaning fee, again Service Dogs are exempt from any fees..Rainbows I do not have to convince anyone of anything let the ADA settle this once and for all. The case has been filed...
 

pedro47

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Sounds liked renters and exchangers can not bring service animals into this complex without paying for a special assessment to clean Ocean Time villas. IMO.

This is going to open up many various legal and non legal opinions from many service organizations.
 

rainbows1957

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Pedro47--Ocean Time Owners that bring a dog have to pay a cleaning fee. Renters and exchangers are not normally allowed to bring a dog at all. The question is whether the Ocean Time timeshares (a small condo) are covered by the ADA requirements as being equivalent to a hotel. Gumbow will let us know the results of her complaint....
 

escanoe

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Here is an article on timeshares and the ADA. I am pretty sure @gumbow719 is right on this. If a place is not complying with ADA, that should have been listed on RCI or whatever exchange is being used.

The ADA generally applies to timeshares, and I will bet service dog stuff applies broader than the accommodations requirements described here.

https://www.thetimeshareauthority.com/2007/10/19/timeshares-and-the-americans-with-disabilities-act/

@escanoe - did you happen to note how old that article is? To be clear, I am NOT suggesting that it is no longer valid, rather nearly 12 years have elapsed since your article was written and it is certainly a possibility there have been developments in this area.

@gumbow719 (and others) - allow me a moment to comment further on what peaked my interest in this matter. First of all, if you check out my avatar you'll see that traveling with my furry friends is something I'd love to be able to do more of. I love dogs. I have not followed a thread on this subject on TUG in quite some time (if ever), but there have been many discussions on service animals on TUG (mostly on airplanes but I think occasionally in timeshares as well). The problems and issues surrounding people misusing and abusing the service animal designation are getting worse as days go by.

Please correct this assumption if I am incorrect, but are you (Gumbow719) referring to a legitimate service animal - some examples would be leader dogs for the blind, medical detection dog (detects imminent seizures for example), balance assisting dogs, and/or other such legitimate service animal duties.

When I first saw this thread
Oceantime Non Compliant ADA Service Animal
please understand that title can be read more than one way. Is the service animal not compliant with ADA regulations? In reading this thread further, I don't believe that is what you mean - I'm assuming you believe the Oceantime resort is not in compliance with regulations with respect to ADA compliant service animals.

So why my interest - 2 experiences with service animals at the school I work at. Both animals were legitimate service animals performing a needed function for their human companion. One was a vision assist dog, the other was a balance assist dog. Both fantastic animals and served as inspirations for discussions with students.

My other experience was in designing an ADA compliant access for several computer work stations.

I say all of that to conclude with this - if your goal here is to ensure access for a legitimate service dog, more power to you and the best of luck. I'll be interested in following the developments.
The efforts by too many people to misuse the Service Animal designation have made legitimate efforts increasingly difficult.
 

escanoe

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I really don't think someone renting a timeshare week makes them equivalent to a "hotel" (public accommodation) under ADA.

They are likely to have to comply regardless of this discussion about being "hotel" equivalent. That, said whoever manages the property is renting weeks commercially as "extra" vacations on RCI. That seems pretty close to being commercial to me.
 

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Maybe we can just have some consideration for families that stay in the unit after the OP. Pay a cleaning fee to cover the cleaning of YOUR USE so they can enjoy their unit without any pests or dander. How about someone who has serious allergic reactions or even worse, suffers a flea infestation.

Regardless of the law, it is the RIGHT thing to do. Especially better than gloating how many thousands you are going to cost the resort.
 

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@gumbow719 - Since you've peaked my curiosity on this subject, I came across this page: https://www.ada.gov/regs2010/factsheets/title3_factsheet.html

Might Summary item 9 apply?

@rainbows1957 - please see this as well..
I don't see anything about dogs (or mini horses), and the end of item 9 says:
Such units are not subject to reservation requirements relating to the "holding back" of accessible units nor are they subject to the rule's barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners rather than by a third party operator.
 

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Again,then why are most if not all timeshares are abiding by ADA rules and not charging pet cleaning fees..they are afraid of something aren't they ? Violation of ADA carries some hefty fines...
 

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Maybe we can just have some consideration for families that stay in the unit after the OP. Pay a cleaning fee to cover the cleaning of YOUR USE so they can enjoy their unit without any pests or dander. How about someone who has serious allergic reactions or even worse, suffers a flea infestation.

Regardless of the law, it is the RIGHT thing to do. Especially better than gloating how many thousands you are going to cost the resort.
Not gonna happen....if I do not bring the ADA somebody else will...the owner of Paradise , the management company of Oceantime once expressed his displeasure for the ADA and the rules he has to comply with at an annual meeting...Now he will hate them more...oh and the cleaning fee is for special cleaning which is never done after a pet occupies the units..5 dogs recently, stayed on site saw no special cleaning...so where is the money going, back into budget to balance the books..I have asked for who and what bills were submitted for this supposedly cleaning fee? Over a year later, no answer because there is no pet cleaning just routine turnover vacuming....
 

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Not gonna happen....if I do not bring the ADA somebody else will...the owner of Paradise , the management company of Oceantime once expressed his displeasure for the ADA and the rules he has to comply with at an annual meeting...Now he will hate them more...oh and the cleaning fee is for special cleaning which is never done after a pet occupies the units..5 dogs recently, stayed on site saw no special cleaning...so where is the money going, back into budget to balance the books..I have asked for who and what bills were submitted for this supposedly cleaning fee? Over a year later, no answer because there is no pet cleaning just routine turnover vacuming....

I have quite a few questions...

1 - You are not an owner as you stated. How do you know what he said at an annual meeting? If posted online - please link.

2 - Why do you think that the management should show you bills for their expenses? I am sure if I walked into a timeshare and asked to see the bills, they would tell me no. Even I owned there.

3 - How do you know there was no special cleaning to units that had dogs? Were all 5 units next to each other so you could view all 5 at one time? 5 units with dogs seems likes an awful lot of dogs for a timeshare that doesn't allow dogs. I have never seen a dog at any timeshare I have stayed, yet 5 service dogs at one time at a timeshare that has only 30 units?
 

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I have quite a few questions...

1 - You are not an owner as you stated. How do you know what he said at an annual meeting? If posted online - please link.

2 - Why do you think that the management should show you bills for their expenses? I am sure if I walked into a timeshare and asked to see the bills, they would tell me no. Even I owned there.

3 - How do you know there was no special cleaning to units that had dogs? Were all 5 units next to each other so you could view all 5 at one time? 5 units with dogs seems likes an awful lot of dogs for a timeshare that doesn't allow dogs. I have never seen a dog at any timeshare I have stayed, yet 5 service dogs at one time at a timeshare that has only 30 units?
I never said I was not an owner, if you read I referred to attending a Board yearly meeting only owners attend thus I am an owner therefore should have access to what is spent and to whom...this is not the case..no transparency you can not even send the Board anything unless addressed to the management company..by the way this management company also manages two other timeshares in Ocean City also in violation of the same ADA violations..see a pattern here? Interestingly all other timeshares in Ocean City do not charge pet fees for a Service Animal,, only Paradise Managing them...pattern....I noted at least 5 animals staying there..service animals or not no specialized cleaning or disinfecting any units was done after animals staying there so the special cleaning fees go into the general fund on the timeshare with no expenditure for special cleaning, notice a pattern again..I am done refutting..Wait for the ADA Sanctions they are coming and at what cost for not complying..really stupid management..the other timeshares are Lighthouse Point Villas and Marlin Cove -Blue Marlin both on RCI..It will cost them as well if the ADA pursues them as well as a Lateral Investigation
 
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gumbow719

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Anyone who reads this post and is an owner of Oceantime or the other two timeshares...if you know how to get the Boards of those timeshares advise them to make Paradise Management comply with the ADA regarding Service Animals not being charged a cleaning fee, then they can contact me via US mail and upon receipt of their declaration of compliance, I will consider dropping my ADA complaint , saving them alot of money..being an Oceantime owner they have my address and are aware of the recent filing with the ADA..I have always been open to compromise but apparently after trying for the past year..they have shown no desire..
 

escanoe

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Maybe we can just have some consideration for families that stay in the unit after the OP. Pay a cleaning fee to cover the cleaning of YOUR USE so they can enjoy their unit without any pests or dander.

Congress has said all of us have to pay a little more for accommodations to make sure the legally disabled will have reasonable accommodations. I think federal law prohibiting discrimination against the disable will afford @gumbow719 some protection here, and we will find out what happens to his complaint. Almost anyone relying on a service dog will be sure the animal is treated for fleas. It’s on all of us, under the law to make sure they have reasonable accommodations.

You for charging people in wheel chairs that use ramps “for their use” so the rest of us don’t have to pay?
 

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Update HUD representing ADA violation has begun their investigation initiating contact with this writer today . How quick was that for all the government doubters, it even surprised me....keep you all updated as things evolve..
 

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decide to start new tread....
 

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I really don't think someone renting a timeshare week makes them equivalent to a "hotel" (public accommodation) under ADA.

It does not look like the law, regulations, or agency guidance are explicit and you have to get into looking at court cases.

Here is what appears to be a solid article from a lawyer specializing in such matters titled: Housing Provider Obligations Under the FHA and ADA: Do I Need to Allow Service & Assistance Animals in My Short-Term Vacation Rental?

Based on the analysis in the article timeshares will be covered by the Fair Housing Act (FHA) which requires allowing service animals without charging a fee. The whole article speaks to what is required in relation to what accommodations the disabled have a right to, but here is the relevant passage on courts applying the FHA to timeshares:

Courts have found a number of temporary residences to be dwellings under the FHA including, without limitation, homeless shelters, timeshare units, summer bungalows to which one regularly returns, migrant farm worker cabins, a womens’ shelter, and a drug and alcohol treatment facility.
It still seemed like an open question to me after reading the whole article if a timeshare would be treated as a “hotel like accommodation” under the Americans With Disabilities Act. But that is a moot point and an academic exercise, the FHA should guarantee @gumbow719 the accommodation he is seeking in this case based on the article.
 

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Heading back to Oceantime on Friday 9/20..ADA case all filed, hopefully the ADA has contacted Oceantime and they, Oceantime has seen the light...I will post if I am charged another "pet cleaning fee " for my Service Animal....can't wait for sanctions and my refund of monies for the past two years..
 

pedro47

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gumbow719, please keep us updated on the results. Please enjoy your week at Oceantime.
The key, everyone here want you to have Total R & R at Oceantime. IMHO.
 

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I am highly allergic to cats and dogs and have already had a vacation almost ruined by the lack of courtesy by a previous guest. I do like animals, but feel hotels and timeshare resorts need to police and enforce their rules regarding pets.
 

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I am highly allergic to cats and dogs and have already had a vacation almost ruined by the lack of courtesy by a previous guest. I do like animals, but feel hotels and timeshare resorts need to police and enforce their rules regarding pets.
This resort does not allow cats..
 

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Heading back to Oceantime on Friday 9/20..ADA case all filed, hopefully the ADA has contacted Oceantime and they, Oceantime has seen the light...I will post if I am charged another "pet cleaning fee " for my Service Animal....can't wait for sanctions and my refund of monies for the past two years..
I may have missed it, but where does the ADA state you don't have to pay a pet cleaning fee? If my special needs child vomits and defecates all over the room, am I exempt from paying for the cleaning under the ADA?
 

tschwa2

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I may have missed it, but where does the ADA state you don't have to pay a pet cleaning fee? If my special needs child vomits and defecates all over the room, am I exempt from paying for the cleaning under the ADA?
Making excessive messes aren't covered but normal ware and tear from the accommodation is covered without addition fee. You can't charge someone to install or use a pool lift or grab bars in the bath room. You can't charge for the additional cleaning from simply having a trained service animal in the unit.
 

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Making excessive messes aren't covered but normal ware and tear from the accommodation is covered without addition fee. You can't charge someone to install or use a pool lift or grab bars in the bath room. You can't charge for the additional cleaning from simply having a trained service animal in the unit.
That may be the case, I was just wondering where it says this. The animal's presence can severely affect other guests with disabilities, who would consider the animal's air and dander excessively dirty. Or the vomiting is not excessive given the child's medical conditions.
 
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