We’ve Had More Than One Dog Attack, Should Our HOA Do Something?

Yes, and you need to consider something drastic, like ordering removal, of the dog that is (even though it may be the dog owner that needs to be removed). Of course the Bylaws  CC&Rs matter as it may be difficult if the authority is not there. Due process matters but if the documents allow removal, then I could suggest that ordering removal pending a hearing for the owner, but I won’t. Be sure to check with your own HOA attorney. They may believe differently. Be advised that if the Board continues to allow a dangerous dog (not just to people, to other pets as well) to remain in the development, there may be serious ramifications. Court may be the only option to seek removal of a dangerous dog, but picture this, the dog attacks another pet and kills or maims it, worse, kills or maims the other pet owner who tries to break up the fight, … and the attorney for the victim finds out there have been other attacks …

All I can say is watch out!! Everyone will have to pay if the insurance does not. And some insurance companies ban coverage for breeds of dogs that have the “attack gene” (well, its not exactly called that, I just named it – it is actually probably based on actuarial tables and fears over some of the worse dog attacks in the media).

So don’t sit on your thumbs. Get legal advice.


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