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HOA board orders dog removed after neighborhood attack

Posted on Sat, Jan 29, 2011 @ 05:23 PM
I am a Florida member of an HOA.  A neighbor was working in my single family home and let my dog out by accident.  The dog attacked another dog walking by, the owner was bitten whilst separating the dogs. The dog is 9 years old and has never bitten anyone before. The Condo Association Board have instructed me to get rid of the dog because they consider it to be dangerous. The matter has been settled with the owner of the dog. The documents allow dogs and there have been similar incidents with no action being taken. Is the Board acting reasonably?

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If you can show that there have been other incidents with other individuals and the Board did not demand removal, you can fight removal of the pet with the defense of selective enforcement. However, you may have to hire a lawyer if your HOA chooses that route. Normally a simple letter from an attorney stating that they challenge the decision, requesting documentation and advising them you intend to use selective enforcement as a defense will get them to back off if they are being unreasonable.

posted @ Saturday, January 29, 2011 5:44 PM by Joyce Nord @ bestcondomanager.com

What specifically does it state in your bylaws about dogs!

posted @ Saturday, January 29, 2011 8:23 PM by Victor

One bite is enough. Get rid of the dog.  
What are you waiting for something more serious?  
Even if the Board has been negligent in prior incidents they must do the correct thing now. Your DOCs do not allow biting dogs.

posted @ Sunday, January 30, 2011 2:24 PM by Danny Greenberg

aren't dogs, like people, innocent until proven guilty? keep this dog until you know for sure that he or she is dangerous.  

posted @ Monday, January 31, 2011 12:53 AM by Harold Rudefer

My condo bylaws state that we can't own or harbor a vicious animal but the dog has to be declared vicious in a county Animal Control hearing which probably wouldn't happen in this situation. I ran into this problem years ago when my dog got away from me and barked (yes, barked) at a neighbors dog and she lied and said my dog attacked her dog and only it's knitted sweater kept it from being mauled.

posted @ Thursday, February 03, 2011 5:03 AM by Anita Gibson

My son and I live in a condo in Stoneham, MA and my condo assoc. has demanded that he remove his dog by April 1st or they will take her (Scout). We have lived there about 19 years and he has had 3 different pit bulls with absolutely no trouble at all. They all of a sudden changed the condo rules to read no pit bulls. All of the other dogs were grand-fathered in but we have to get rid of Scout. She has caused no trouble the neighbors do not even see her and she never barks. She is the 3rd dog my son has had - 1 died after 12 years - he got a new one because he loves the dogs so much and the one he got to replace his older dog that died also died after two years with a autoimmune disease (he had paid 1500 dollars for the dog so the breeder gave hims another one free because he felt so bad). The condo assoc. is charging us $50. a day in fines (which is now up to approx. 30,000). 
My son will be homeless April 1st with Scout because he has no job and will have no place to live because he is not going to let the condo. assoc. take Scout. 
Anybody know somebody that can help? We have already hired a lawyer but he has taken my 2,500 and has been no help at all. 
Thanks. Pam

posted @ Friday, February 10, 2012 2:06 PM by Pamela Overton

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