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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption