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Homeowners association trying to make me get rid of my dog
Asked Nov 18, 2008, 12:41 PM
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23 Answers Several weeks ago our dog bit a guy after he entered our fenced in patio without our permission or knowledge. We have always had signs on our gate saying DOG MAY BITE, NO TRESPASSING with our cell # to obtain permission to enter. Not to mention this particular party had been verbally warned by me and my husband on severally occasions to call before entering so we could confine the dog. He chose to ignore these warnings and got bit as a result. My husband heard what was happening and quickly restrained the dog. His injuries were very minor. Animal control investigated the incident and found that the bite was provoked by his own negligence (trespassing on private property). So we were cleared of any wrong doing. We thought that was the end of it. Then we started to receive threat letters from his attorney demanding a settlement. We responded with a letter of our own including the facts listed above and a copy of the report in our favor from animal control. We haven't heard from him since so a lawsuit is no longer our concern. But we just received a notice from our homeowners association demanding we "relocate" our "vicious" dog w/in 30 days. On the contrary, our dog is very loveable and great with other animals and people in the neighborhood with no previous history of attack. The board of directors should know since they love to feed and pet our dog whenever were out for a walk. We are in compliance with all listed pet regulations, leash laws,etc. This "decision" was made in a meeting by the board which we had no notice of nor opportunity to attend. Of course we have no intention of complying with this ridiculous "order" so what should we do? |
23 Answers
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| We have contacted the bored and asked to appeal this decision in the next meeting. But they said the bored has ruled and that is final. If we still have our dog after 30 days then they will impose penalty fines of $50 a day and eventually seize our property to pay the fines. We are not giving up our dog and there is no way we can sell our home and move in one month. Plus the next meeting isn't until 3 days after our deadline. Has anyone ever seen B.S like this? Any lawyers here? Advice from all greatly appreciated. | ||||
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| No one on the board is our friend. They make the rules to their convenience. There are several people including members of the board and president who allow their dogs to run free w/o leash through the community and don't pick up the poop. One goes right in front of my parking space and I step in poop almost daily getting in my car. Of course this gets blamed on us because that person is chummy w/ the board. They are discriminating and its B.S. | ||||
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| The HOA rules are a legal document. If you are in compliance with them, they have no grounds against you and summary judgement in violation of these rules can be considered discriminatory or harassment and most judges will look less than favorably against them when you press LEGAL action against them. Many HOA boards like to think that they are the law. Your local sheriff will most likely disagree. Bottom line: let them deal with your lawyer. | ||||
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| The way I see it, you have two ways to deal with this. The first is to send a notice to the Board that you feel their order is illegal and/or in violation of the by-laws. Then let them try to enforce the fine by going to court. I think you will win in court. The other options is to file suit against them to have the order and fines removed. | ||||
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| I'd write the board a letter. In it, I'd tell them that if they think you violated some provision of the By laws or the CCC&R's, they should sue you in a court of law... Tell them further, that if they damage your credit rating, you'll sue them for EVERYTHING they've got - PERSONALLY & PROFESSIONALLY. Send your letter certified. Send another copy by regular mail. excon | ||||
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| Yes the feedback I am receiving is helpful and I thank you all. However I have already done most of the things you have suggested. The attorney is a great idea but unfortunately we are unable to afford one (lets face it who can now adays?) which would also make going to court difficult. And we have determined we are not in vioation of any specific by laws. They just don't like our particular dog and claim it is "vicious" and a "danger to the community" because it bit an intruder who had no business to be in our enclosed private patio (not common property or association property) in the first place. Isn't that what good watch dogs are for? She was only doing her job and our by laws clearly state in so many words that the association has no jurisdiction over what takes place in the confines of our private area as long as we are not causing unreasonable noise, or nuisance to others. So ? Any motions I could file pro-se? | ||||
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Motions to who and for what? You're NOT in court yet. The whole idea here is to AVOID going to court. MY suggested letter was intended to intimidate them from violating your rights further. In addition to the stuff I said you should say, say the stuff you're saying to us. Look. These proceedings SHOULD be about right and wrong, and about fair. Unfortunately, they're not. The only time I ever lived in a condo under an HOA (and believe me, the LAST time), I found the board of directors to be people who finally had some authority after years of getting their legs peed on. So, they're going to show YOU who's finally boss... I don't know if you have THOSE kinds of power hungry individuals on YOUR board, but I'll bet YOU DO. So, it isn't a matter of right and wrong. At this stage, it's a matter of who intimidates who. I LOVE to intimidate. I'm never the intimidated. I make sure of my ground, as you apparently have, and then I go full bore ahead. You should too. Sounds like you will. Cool. excon PS> I wasn't always the intimidator. Then I read a book by Robert Ringer called "Winning Through Intimidation". I LOVE Robert Ringer. | ||||
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