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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2 Responses to We’ve Had More Than One Dog Attack, Should Our HOA Do Something?
  1. M. Daniels
    August 21, 2017 | 10:43 pm

    I have complained about owners allowing dogs off their leash to the HOA, but they would not do anything. I asked if I could put up a small sign or a small fence to keep them off my property and I was told, “no, you can be fined” for that. Wouldn’t you know it, my family was walking our dog on a leash, on the sidewalk, when a neighbor’s dog ran off their property and attacked our dog. Homeowners response? “She doesn’t like smaller dogs” and, “we usually have to walk our dog across the street” from other dogs. I am furious at the HOA. Can I sue and do you know someone who will help?

    • Beth Grimm
      September 1, 2017 | 3:16 pm

      Can I sue is a common question. In this case the facts are too specific to one situation to give a general answer, so I suggest contacting me through californiacondoguru.com for a consultation. One cannot give good legal advice about suing without knowing more. A person can file a lawsuit, find out it is grossly expensive, and then try to extricate from it, only to find the other side files a motion to recover its attorney fees. Yes, they can do that! So don’t dive in without an escape plan if it turns out not to be what you expected. There is of course, a small claims option as well. Even that requires an understanding and good organization. A consultation seems like a good idea, but it is always up to you to decide if you want to go with someone who tries to help people AVOID litigation by suggesting other things to try first.