Introduction
In Mexico, condominium living is governed by internal regulations designed to maintain harmony and well-being among residents. However, conflicts can arise when these regulations prohibit pet ownership, and a resident requires the companionship of an emotional support animal (ESA). This situation raises the question: Which prevails—the condominium’s internal rules or the individual rights protected by law?
Applicable Legal Framework:
Political Constitution of the United Mexican States
The Constitution is the supreme law of the land and stipulates in its Article 1 that all forms of discrimination based on disabilities are prohibited, thus guaranteeing equality and non-discrimination for all individuals.
General Law for the Inclusion of Persons with Disabilities
This law states that persons with disabilities who use guide dogs or service animals have the right to access and remain with them in all spaces where their activities take place, as established in Article 16, Section III.
Federal Law to Prevent and Eliminate Discrimination
This legislation prohibits any form of discrimination that impedes the exercise of the rights of persons with disabilities. The National Council to Prevent Discrimination (CONAPRED) has issued guidelines supporting the inclusion of emotional support animals in residential spaces, emphasizing the obligation to respect the rights of those who require them.
Normative Hierarchy
In the Mexican legal system, there exists a normative hierarchy where the Constitution occupies the highest level, followed by federal laws, and subsequently by regulations and lower-ranking provisions such as condominium bylaws. This means that no lower-ranking norm can contradict what is established by a higher-ranking one. Therefore, any internal regulation prohibiting pet ownership cannot be applied to restrict the right of a person with a disability to live with their emotional support animal, as this would contravene federal laws and the Constitution.
Implications for Condominiums
Condominium administrations must recognize and respect the rights of individuals who require emotional support animals. It is essential that they adapt their internal regulations to align with current legislation, avoiding discriminatory practices that could result in legal sanctions. Failure to adapt may lead to legal conflicts and affect the community harmony that the regulations aim to preserve.
Recommendations for Residents
To effectively exercise this right, residents are advised to:
• Adequate Documentation: Obtain a medical certificate that supports the need for an emotional support animal.
• Animal Certification: If possible, secure certification for the animal issued by a recognized organization, such as the Mexican Association of Service Animals (A.M.A.S.).
• Formal Communication: Submit a written request to the condominium administration, attaching the pertinent documentation and mentioning the supremacy of federal legislation over internal regulations.
• Respect and Collaboration: Maintain a respectful attitude and a willingness to collaborate with the administration and neighbors, ensuring that the animal does not negatively affect coexistence.
Conclusion
Mexican legislation protects the right of persons with disabilities to be accompanied by emotional support animals, and this protection prevails over any contrary provisions in condominium bylaws. It is crucial for both residents and administrations to be informed and act according to the law to ensure harmonious coexistence and respect for everyone’s rights.
It is everyone’s responsibility to promote a culture of inclusion and respect, ensuring that internal regulations are not an obstacle to the full exercise of human rights.
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