With your brother, however, I think you have an even stronger argument against such a rule. You say that your brother, due to his disability, cannot carry his pet out of the community. Let’s say that the community association has a rule that animals (whether assistance animals or pets) may not eliminate on the property. Your brother is entitled to an accommodation of that rule due to his disability. The question would be whether allowing his animal to eliminate on the common property is a “reasonable” accommodation of the prohibition.
I cannot imagine a court finding that it is unreasonable to allow someone’s dog to pee outside, given that doing so is the universal norm. I think that would be a losing case for the association, and so if you run into trouble like this and need to press further, that would be your angle. It could however be that you prefer not to make trouble at a brand-new community — and if so you’ve really answered your own question.
