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?

Unless they have something specific in the covenants and restrictions that apply to your circumstances, I think they are exceeding their authority.

I'd contact the Board Members that you are friendly with and talk it over with them. Possibly there might have been a mistake made. Be sure to give your friends a copy of what Animal Control found regarding the incident as well.

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.

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.

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.

The first thing you need to do is review the HOA by laws. You need to to find out whether the board acted in compliance with the by-laws or not. Clearly they violated your right of due process, but its possible you signed away that right by agreeing to the by laws.

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.

Hello:

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

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?

Quote:

---

Originally Posted by butterfly08_24

any motions i could file pro-se?

---

Hello again, b:

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.

Thanks ill look for it at the library next time I go

Quote:

---

Originally Posted by butterfly08_24

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 recieve 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 havnt heard from him since so a lawsuit is no longer our concern. But we just recieved 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,ect. 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 rediculous "order" so what should we do?

---

I'm not addressing the HOA which has been covered by other members.

I am addressing the "haven't heard from the Attorney so they've give up" concept. Most definitely not true. In don't know what State your dog is in but in NY State does are not allowed to bite people unless it's a defense situation. Yes, vicious propensities matter but then there's the matter of your sign.

As an accident investigator - which by the way I am - your "Dog may bite" sign is damning. Beware of dog is one thing; dog can get to the fence in 2 seconds can you is another thing. Dog may bite? That would cause you a problem in NY - of course, I don't know where you are.

Being "cleared" by Animal Control and being sued for pain/suffering/medical bills are two different things.

Any Attorney worth his fee will investigate and then decide how to proceed and the HOA may very well also be sued - not saying the HOA will be forced to pay but, again, an Attorney worth his fee will review the HOA Agreement and very possibly sue the HOA. Your homeowners will, of course, cover the incident and they very well may advise you that this is the one and only time and you have to relocate the dog.

I will also say - and it may very well be the case with your dog - every dog bite case I have EVER investigated involves a friendly, lovable dog and no one knows what happened "this time."

And some of these cases are very, very difficult for me to investigate because I love dogs, I have always had at least 2, they have all been large dogs, any dog at any time has the potential to bite - mine included. My dogs are fenced and the gate is padlocked - but I never know that someone isn't going to put a hand through the fence, climb over the fence - and I don't know what my dogs, being dogs, would do.

As excon said, our suggestions for a letter were designed to show the HOA board that you will not be initimidated and that you feel you will prevail in court. The idea is to intimidate them into backing down.

However, if it does come to having to go to court you can't afford NOT to have an attorney. Most assuredly the HOA will and that will put you at a distinct disadvantage. You might was well just get rid of the dog if you try to fight this in court without counsel.

Can a homeowner association seize your property for fines charged for rule violation? Or will they just file a lien and wait for you to sell?

Answer removed as I didn't catch that this was already covered by smarter people.

Quote:

---

Originally Posted by butterfly08_24

Can a homeowner association seize your property for fines charged for rule violation? Or will they just file a lien and wait for you to sell?

---

What does your HOA agreement say? I've seen some really strange language with HOA allowed to do some incredible things.

(Normally they file a lien but I have also seen attempted forced sales as well as automatic Judgments.)

If this is concerning your dog which has (apparently) bitten someone I believe they can make every attempt to force you out claiming the other residents are being placed in danger.

Hey, Judy thanks. Just to update you we received confirmation from the attorney confirming a suit will not be pursued due to the fact his client was trespassing. So this is no longer an issue. And I'm in Florida where there law pretty much states when you enter someone's property illegally they have every right to shoot you so that covers a dog bite as well. But as I said that is no longer my concern. The hoa is now the remaining problem. They demanded the dog be removed by Dec 17th. Since before then I have been using puppy pads and not walking my dog. So they are not aware the dog is still here. But we just received a letter stating they want to do"random home inspections indefinitley" Meaning they want a key to our home to come in when they want and "look around". Of course we refuse to give it to them so that is why they are threatening liens. Not because of the dog cause they think its gone.

Quote:

---

Originally Posted by butterfly08_24

hey, Judy thanks. Just to update u we recieved confirmation from the attorney confirming a suit will not be pursued due to the fact his client was trespassing. So this is no longer an issue. And im in florida where there law pretty much states when u enter someones property illegally they have every right to shoot u so that covers a dog bite as well. But as i said that is no longer my concern. The hoa is now the remaining problem. They demanded the dog be removed by Dec 17th. Since before then i have been using puppy pads and not walking my dog. So they are not aware the dog is still here. But we just recieved a letter stating they want to do"random home inspections indefinitley" Meaning they want a key to our home to come in when they want and "look around". Of course we refuse to give it to them so that is why they are threatening liens. Not because of the dog cause they think its gone.

---

Again - what does the HOA agreement say? If they are threatening a lien I would think they know the dog isn't gone, just hidden, and they don't want the liability issue if it bites again.

I can tell u it doesn't say anyhting about them being allowed to demand access to your home or that your dog does not have the right to protect your property. Also the association has no liability for anything that doesn't take place in common areas. (This happened in our private patio when someone was trespassing, under Florida law they can't be sued) so that is not their reason. And I let them in once when my friend took the dog to the park so they saw it wasn't here then. But they say that they need a key to check inside our house randomly even when we are not here. I believe this is an illegal violation of our privacy. So even if I did relocate my dog they still want to do random home inspections indefinetly and they will still try to lien for refusing them access to our home. Is that legal?

And if I were you Id cover the fence holes with something so no one can stick their hands through the fence. I don't know your dogs, but dogs in general are terratorial and probably would bite if a stranger stuck their hand in. Just an idea.