If my HOA said I had 2 weeks to get rid of my dog because a homeowner said it was aggressive, what are my rights?
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If my HOA said I had 2 weeks to get rid of my dog because a homeowner said it was aggressive, what are my rights?
The IDR was held and I requested them to provide me with information regarding the homeowner who made the complaint; they said no. However in our CC&R’s it says it must be made available upon a homeowner’s request. I now want to file an ADR because they have no proof or valid evidence that I have a bad dog. I, on the other hand, brought my dog to the meeting and showed video of my dog meeting strangers in town for the first time. It was insinuated that I coached these people to say nice things about my dog. Unbelievable. Do I have to get rid of the dog by the time they requested while the ADR time frame is still in effect?
Asked on August 11, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are wise to have read the recorded "covenants, conditions, and restrictions" upon your condominium as the start for addressing the issues that you have written about in that this document typically sets forth the basis for resolving problems in a planned unit development that you live in.
You also need to review the association's rules as well concerning alleged agressive dogs.
If the homeowner's association refuses to provide the name and address of the person or person who accused your animal of being aggressive in violation of the recorded document upon your property, sentiment is that the association cannot proceed further on the issue.
You have the right to confront the accuser and put on evidence at the hearing disproving the claims as to your animal. I would consult with an attorney experienced in association disputes involving animals about your situation.
I would not get rid of your animal at this point. I would make the association make the next move. Potentially a strong letter from a retained attorney protecting you and your dog will diffuse the situation.
Good luck.
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