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Alleged Service Dogs at Desert Springs Villas

VacationForever

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The thing is the business isn't allowed to ask questions or proof of the disability under the ADA . If a person has a dog they want to take to CA on their trip, I think there is little to nothing stopping them.

Bill
Yep, like our friends that we have decided that they will no longer travel with us. Their cute little dog is being passed off as a service dog and have never been caught. No consequences for lying. It's not just CA, they lied on the TSA questionaire and flew with their pet to Florida. We finally decided that we are so sick and tired of their pet.
 

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We were at Marriott Newport this week, every morning I saw a few people walking their’s little dogs. I confronted one guy and he claimed that he was just visiting his parents and not staying. He was in his pajamas at 6:30 in the morning and I saw him at the pool the next few days. I hate cheaters and liars. I wish Marriott would actually fined them $500 by enforcing their policy. Cameras outside of the villas and signs of the pet policy posted throughout the resort.
 

WBP

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We were at Marriott Newport this week, every morning I saw a few people walking their’s little dogs. I confronted one guy and he claimed that he was just visiting his parents and not staying. He was in his pajamas at 6:30 in the morning and I saw him at the pool the next few days. I hate cheaters and liars. I wish Marriott would actually fined them $500 by enforcing their policy. Cameras outside of the villas and signs of the pet policy posted throughout the resort.

The inmates (dog owners with dogs (pets) who are impersonating Service Dogs) are running the asylum. While we rarely, if ever, know what the numerator and denominator is on issues like this one (the frequency that they occur, against the N), my personal take is that MVC is doing a poor job managing this situation.

Personally, I think that a $500.00 fine is a drop in the bucket (comparable to the fee that the dog owner may pay if they boarded their dog(s)), and $1000.00 would be more appropriate, along with eviction. I think we (owners) should push to get this issue on each of the HOA Boards of Director’s agenda.
 

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I agree with you that we need to push to get this issue on HOA BOD’s agenda. All the extra cleaning and wear/tear increase MF.
 

Lakeshore

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The inmates (dog owners with dogs (pets) who are impersonating Service Dogs) are running the asylum. While we rarely, if ever, know what the numerator and denominator is on issues like this one (the frequency that they occur, against the N), my personal take is that MVC is doing a poor job managing this situation.

Personally, I think that a $500.00 fine is a drop in the bucket (comparable to the fee that the dog owner may pay if they boarded their dog(s)), and $1000.00 would be more appropriate, along with eviction. I think we (owners) should push to get this issue on each of the HOA Boards of Director’s agenda.
Yes, when we bought at NCV 20 years ago, never did we think there would be pets…dogs sitting and living on the furniture of the timeshare we had bought. We go to NCV twice a year…have four weeks, and we have seen doggies dressed in matching outfits, playing with each other on the front lawn, “service” dogs fighting and barking loudly at each other and at people multiple times, we have seen people treating their dogs likes children in front of the staff with nothing said…so obviously not a true service dog, which is terrible and such deceit…I bought when all of these fake service animals were not a “thing”, and now realize that they trump real human owners….as they can lay and play on our furniture which is not at all what we paid for…very disappointing. Just like the people who smoke in their units. Such a very narcissistic society we live it, people thinking they don't have to follow rules. My aunt and uncle have trained true service dogs for decades. We know how these service dogs are behaved. I am not against true service animals. It is nothing like we are seeing the past three years at NCV and many other places.
We do not have pets, and we never could have imagined that pets would be allowed(even though they are warned about no pets and threatened with a fine) in our timeshares. And yes, the people who try to scam the system are hurting those with disabilities who really need them. How disrespectful. Very sad.
 

BJRSanDiego

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My wife has been in a wheelchair (full time, zero ability to walk) for 20 plus years. My question is why we must provide “proof” (a placard) to utilize handicap parking, but those with service animals do not have to provide any “proof”? The placards/license plates are a minor hassle to get, but not a huge deal. Why do those with service animals not have to provide the same “proof”? This might prevent some of the fraud….
You're right about having to provide proof. In my wife's case, her doctor had to either fill out or sign an application for the placard. It seems like there should be some way of validating a person's ADA needs without being more of a burden than applying for a handicapped placard or license plate.
 

Dean

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As I've said before, this problem is getting large enough that something needs to be done.. Resorts have been lax at enforcing the things they can in this area due to a number of reasons, many of which have been covered here. IMO this is harmful to those who truly have/need an actual service animal and the abuses are to the point iit s harmful to a large segment of the population in other ways (costs, allergies, risk of bites, etc). I believe the time has come to have a registration of service animals and only those with registration would be permitted to receive the benefits. The documentation provided to a third party would not include the diagnosis, only that the animal were so registered and a description of the animal with dates and expirations. There would still be abuses but requiring such an attestation under penalty of law would defer both the person and the medical professional and curtail a dramatic number of such abuses. I would expect it'd mirror what we see now with the Handicap parking experience which is not perfect but far more controlled. I see a lot of request for emotional support animals in my practice. I'll only write a letter supporting one if the patient has a medical diagnosis that's applicable. Generally these are for apartments which I think is a much smaller problem since the landlord can still charge them extra and the renter is still responsible for the damages. But that's between the the tenant and the landlord. I realize there may be variations in some states now that could tweak what I've stated here but the principles should still be applicable.
 

daviator

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As I've said before, this problem is getting large enough that something needs to be done.. Resorts have been lax at enforcing the things they can in this area due to a number of reasons, many of which have been covered here. IMO this is harmful to those who truly have/need an actual service animal and the abuses are to the point iit s harmful to a large segment of the population in other ways (costs, allergies, risk of bites, etc). I believe the time has come to have a registration of service animals and only those with registration would be permitted to receive the benefits. The documentation provided to a third party would not include the diagnosis, only that the animal were so registered and a description of the animal with dates and expirations. There would still be abuses but requiring such an attestation under penalty of law would defer both the person and the medical professional and curtail a dramatic number of such abuses. I would expect it'd mirror what we see now with the Handicap parking experience which is not perfect but far more controlled. I see a lot of request for emotional support animals in my practice. I'll only write a letter supporting one if the patient has a medical diagnosis that's applicable. Generally these are for apartments which I think is a much smaller problem since the landlord can still charge them extra and the renter is still responsible for the damages. But that's between the the tenant and the landlord. I realize there may be variations in some states now that could tweak what I've stated here but the principles should still be applicable.
I agree that there's significant abuse, that properties are reluctant to enforce lest they end up in the middle of an ADA lawsuit, and that some kind of third-party verification – a service dog ID card of sorts – would be a big step forward. The person needing the service animal might need to disclose some details about their need for the animal and the tasks the animal is trained to perform in order to receive the ID card, but would henceforth simply need to show the ID card when checking into lodging, etc.

Emotional support animals are not "service animals" as defined by the ADA and do not need to be accommodated in order to comply with the law. As a landlord, I'd love to have a process around this, as residents frequently try to get exemption from pet fees by claiming their pet is a service animal.

Having said all of that, I also think that people with a legitimate need for a trained service animal should be able to travel and live their lives with the assistance of said animal with a minimum of hassle or questioning. A registration/ID card process would benefit them, too.
 

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Everyone with a handicapped placard are not handicapped. IMHO.
I have seen spouses and. Friends using handicapped placards.
Tell me about it. I see 99 percent of the people pulling into HCP spots put up a temporary mirror tag (given out like Halloween candy and often for someone else in the family) while I limp past them to the store. My hip is shot and the more I walk the worse it gets. Still, I can walk. So I do. I wish they'd let the dog stay in the plane and put the fake owner in cargo.
 

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We spent Thanksgiving at Ocean Pointe- waiting for the only working elevator at Kingfish we were growled at by a small fluffy white dog riding on a luggage cart, no luggage, no crate just an unleashed dog…There is no way the employee at the desk didn't see it or hear it. Here is the thing that irks me people traveling with any dog need to remember, service dogs need to be well behaved or they receive no protections. The resorts can enforce it but choose not to.
I've seen obvious pets at Ocean Pointe also. I love dogs, but I obey rules. I'm at OP in a few weeks...we'll see how it is this year.
 

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At some MVC resorts (perhaps all?) they certainly claim to do a much deeper clean when animals have stayed in a room.
I very much hope that they do to, for all those of us who suffer from animal allergies.
This definitely has a cost, which has to be picked up by someone.
Quite rightly, genuine service dog owners should not be charged for this.
Equally rightly pet owners, falsely claiming their pets are service animals, should be charged for this, fees being ~$250-300+
Personally I would go further and issue them a final warning, with any repeat resulting in a total ban.
Years ago I was accused of having a dog in a villa at Manor Club. After I checked out the cleaning crew said they smelled dog. What actually happened was on my last AM I attempted to re-heat some bacon in the microwave (bacon reheat time is probably like 2 seconds not 60!). I tried to air the place out but it still smelled like smoke. They were going to charge me something like 500 bucks. Even when I told them what happened they still insisted the burning bacon smelled like a dog. Well, I got the dog thing removed eventually. So you can get whacked with a fine for a dog. Or a kitchen disaster.
 

MikeM132

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My wife has been in a wheelchair (full time, zero ability to walk) for 20 plus years. My question is why we must provide “proof” (a placard) to utilize handicap parking, but those with service animals do not have to provide any “proof”? The placards/license plates are a minor hassle to get, but not a huge deal. Why do those with service animals not have to provide the same “proof”? This might prevent some of the fraud….
Because your car will be parked unattended most of the time.
 

jmhpsu93

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I've seen obvious pets at Ocean Pointe also. I love dogs, but I obey rules. I'm at OP in a few weeks...we'll see how it is this year.
Ocean Pointe was the worst I've experienced. A dog who was on a leash from a six-year-old boy started licking me in the marketplace. I walked right to the front desk and told them about it but have no idea what happened.

For what it's worth, we're at Crystal Shores right now and I haven't seen a pet or service animal here.
 

dagger1

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Because your car will be parked unattended most of the time.
Oh, ok, thanks. So if we are in the car, no placard necessary?
 

VacationForever

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Tell me about it. I see 99 percent of the people pulling into HCP spots put up a temporary mirror tag (given out like Halloween candy and often for someone else in the family) while I limp past them to the store. My hip is shot and the more I walk the worse it gets. Still, I can walk. So I do. I wish they'd let the dog stay in the plane and put the fake owner in cargo.
HCP are not given out like Halloween candies. Doctors have to fill out the forms stating the health conditions. However if family members abuse by using it while the handicapped individual is not riding in the car, that is an offence.
 

Dean

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Tell me about it. I see 99 percent of the people pulling into HCP spots put up a temporary mirror tag (given out like Halloween candy and often for someone else in the family) while I limp past them to the store. My hip is shot and the more I walk the worse it gets. Still, I can walk. So I do. I wish they'd let the dog stay in the plane and put the fake owner in cargo.
As I noted, there are abuses but they are infinitely less for HC parking and I am comfortable that requiring a person to attest to having a true service animal and having physicians to do the same would have a significant and beneficial impact. Both are under penalty of law.
 

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Unfortunately, any change in enforcement must come from legislation enacted to give management of the HOAs the ability to do anything more than they currently are. I've had multiple discussions with management at Newport Coast regarding this issue. The standard response from MVC corporate is:

"Our corporate policy is consistent across all Vacation Club properties. Our organization has very clear standards and policies in place with respect to pets and service animals. All Marriott Vacation Club resorts prohibit pets on property. If resort management becomes aware that a guest has a pet staying in their villa, and it is not a service animal, the resort will charge the guest a cleaning recovery fee and request that the animal be housed in a nearby boarding facility at the guest’s expense. Individuals with a disability who arrives with a service animal will be granted access to all areas of the resort (including lobby, villa, food and beverage outlets, activities center, fitness center, pool areas, etc.).
If it is not readily apparent that the animal is a service animal, our Associate may ask the disabled guest the following two questions: Is your animal required because of a disability? What work or task is your animal trained to perform? While we do everything to ensure the ADA guidelines regarding service animals is enforced, if one of our guests affirm they have a service animal, we cannot remove the pet from the property. Because guests do not always advise us they have a pet or service animal on property, if you notice a guest with a pet during a stay, please share your concerns with the front office so that the appropriate action can take place."

To add to the enforcement difficulties, in CA, because timeshares are owned real property, it isn't only the ADA that applies (on the Federal level) there are state laws that apply such as the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the California Disabled Persons Act. Although ESAs are not considered service animals per the ADA, the Fair Housing Act include ESAs. So, folks who take advantage of the inability of management to ask anything but vague questions, and claim their pets are service animals, and management's hands are tied.

Thus, it brings it back to both state and federal law needs to be changed to address the scammers. We cannot blame our HOA BOD or management for the problem.
 

easyrider

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As a landlord, I'd love to have a process around this, as residents frequently try to get exemption from pet fees by claiming their pet is a service animal.

I get this. I have a tenant that brought in a puppy after 5 months claiming it was an ESA. When they moved, we didn't charge for cleaning but did charge for damages which came out of the security deposit. The tenants were ok with the explanation.

Bill
 

clifffaith

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I get this. I have a tenant that brought in a puppy after 5 months claiming it was an ESA. When they moved, we didn't charge for cleaning but did charge for damages which came out of the security deposit. The tenants were ok with the explanation.

Bill
We had a tenant in our guest house who basically held us hostage the last few months of her tenancy. She stopped paying rent, and one Sunday just before Christmas she showed up with a “witness” from a legal aid office, a rambunctious young pit bull and a dog handler. We called the police after telling her the dog violated her lease. Of course the legal aid person said emotional support blah blah. We thought to call an acquaintance who was a lawyer. She said GO TELL HER SHE CAN HAVE THAT DOG. HANG UP AND DO IT NOW! We did and the effing dog was gone in ten minutes never to return. That young, untrained dog literally yanked the handler all over the back yard as they made sure we knew that the dog was on the premises. ESA, my ass.
 

bazzap

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Unfortunately, any change in enforcement must come from legislation enacted to give management of the HOAs the ability to do anything more than they currently are. I've had multiple discussions with management at Newport Coast regarding this issue. The standard response from MVC corporate is:

"Our corporate policy is consistent across all Vacation Club properties. Our organization has very clear standards and policies in place with respect to pets and service animals. All Marriott Vacation Club resorts prohibit pets on property. If resort management becomes aware that a guest has a pet staying in their villa, and it is not a service animal, the resort will charge the guest a cleaning recovery fee and request that the animal be housed in a nearby boarding facility at the guest’s expense. Individuals with a disability who arrives with a service animal will be granted access to all areas of the resort (including lobby, villa, food and beverage outlets, activities center, fitness center, pool areas, etc.).
If it is not readily apparent that the animal is a service animal, our Associate may ask the disabled guest the following two questions: Is your animal required because of a disability? What work or task is your animal trained to perform? While we do everything to ensure the ADA guidelines regarding service animals is enforced, if one of our guests affirm they have a service animal, we cannot remove the pet from the property. Because guests do not always advise us they have a pet or service animal on property, if you notice a guest with a pet during a stay, please share your concerns with the front office so that the appropriate action can take place."

To add to the enforcement difficulties, in CA, because timeshares are owned real property, it isn't only the ADA that applies (on the Federal level) there are state laws that apply such as the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the California Disabled Persons Act. Although ESAs are not considered service animals per the ADA, the Fair Housing Act include ESAs. So, folks who take advantage of the inability of management to ask anything but vague questions, and claim their pets are service animals, and management's hands are tied.

Thus, it brings it back to both state and federal law needs to be changed to address the scammers. We cannot blame our HOA BOD or management for the problem.
This does unfortunately seem to be another far too typical MVC Corporate response, which does not recognise the existence of any locations outside of the US, where there are no such restrictions on what they can ask animal owners at a resort?!
 

LeslieDet

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This does unfortunately seem to be another far too typical MVC Corporate response, which does not recognise the existence of any locations outside of the US, where there are no such restrictions on what they can ask animal owners at a resort?!
In all fairness, it was a response to an ongoing conversation dealing specifically with Newport Coast.
 
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This does unfortunately seem to be another far too typical MVC Corporate response, which does not recognise the existence of any locations outside of the US, where there are no such restrictions on what they can ask animal owners at a resort?!
In resorts in Europe there are restrictions on what staff can ask service dog owners just as in the US. There is a difference in that many countries the dog must be formally registered with an accredited organisation and the owner must carry ID for the dog and produce it on request. Owner trained service dogs (those that haven't undergone training with an accredited organisation) are generally not considered service dogs and are treated as pets. This is a major difference between the US and is most likely a major factor in the lack of service dogs seen at European resorts, people simply can't pull off their pet dog as a service dog.

The issue surrounding fake service dogs in the US can easily be solved with the introduction of a requirement for the dog to be trained and registered by an accredited organisation (Assistance Dogs International is widely considered the gold standard and accreditation is a rigid and thorough process) and for the dog to have formal ID documentation that has to be produced on request. This would eliminate the need to ask the pointless questions that anyone can answer whether truthfully or not. It works in Europe so there's no reason why it shouldn't in the US.
 

bazzap

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In resorts in Europe there are restrictions on what staff can ask service dog owners just as in the US. There is a difference in that many countries the dog must be formally registered with an accredited organisation and the owner must carry ID for the dog and produce it on request. Owner trained service dogs (those that haven't undergone training with an accredited organisation) are generally not considered service dogs and are treated as pets. This is a major difference between the US and is most likely a major factor in the lack of service dogs seen at European resorts, people simply can't pull off their pet dog as a service dog.

The issue surrounding fake service dogs in the US can easily be solved with the introduction of a requirement for the dog to be trained and registered by an accredited organisation (Assistance Dogs International is widely considered the gold standard and accreditation is a rigid and thorough process) and for the dog to have formal ID documentation that has to be produced on request. This would eliminate the need to ask the pointless questions that anyone can answer whether truthfully or not. It works in Europe so there's no reason why it shouldn't in the US.
Indeed and that is the fundamental difference here in Europe being able to ask for the formal ID documentation, which works and could so easily do so in the US to the benefit of Service dog owners, and all other owners (except of course pet owners trying to break the rules!)
 

LeslieDet

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The issue surrounding fake service dogs in the US can easily be solved with the introduction of a requirement for the dog to be trained and registered by an accredited organisation (Assistance Dogs International is widely considered the gold standard and accreditation is a rigid and thorough process) and for the dog to have formal ID documentation that has to be produced on request. This would eliminate the need to ask the pointless questions that anyone can answer whether truthfully or not. It works in Europe so there's no reason why it shouldn't in the US.
The problem is it isn’t easily solved because your suggested solution requires that federal law be amended as the ADA governs all 50 states. And then some states have additional laws in place that are also being abused by folks claiming disabilities. As such, any requirement of formal documentation cannot be imposed by a property, it requires Congress actually amend the existing law, which requires both the House and the Senate to pass legislation, which is then signed by the President.
 

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If the Federal Congress can not pass a Budget it would take a miracle for them to actually do something that makes sense and should be simple to do.
 
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