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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35597
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My wife and I have been living in my current residence for

Resolved Question:

My wife and I have been living in my current residence for about 3.5 yrs. We're the only house on the one-way street. I've been throwing the ball for my dog the entire time. Less than five minutes a day. It's the only exercise he gets because we work 70+ hrs each. Recently the subdivision created it's own HOA. One of the members, an elderly woman, (Louise) lives two houses away. Her and her hubby (Dick) have been driving the residents mad with constant complaints about everything they can think of. Recently, we got a letter from the HOA stating we were not to throw the ball because the dog isn't leashed. We continued. They fined us (our landlord actually). We continued throwing the ball. We received another letter from the county regarding a compaint that our dog is running at large and their would be a possible fine. Dick is also on the local City Council board. The HOA President (Hunter) told us Dick stuffs his email inbox with complaints every day. My assertion is that Dick & Louise are using their positions of authority to sadisticaly harasse people. They do not file complaints against everyone. They pick and choose. The double standard is obviouse. They even drive the wrong way down the one way street! Most important, my dog has never not been under voice command and wandered off or harassed someone. Never. Is there a case for harassment through their positions of authority if the residents come forward together? Thanks.
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies to you on your situation. However I am not seeing a harassment claim here. An HOA has the right and the ability to 'self-regulate' and can provide tickets and fines for violations or behavior that they consider to be against HOA bylaws or based on safety concerns. A dog, regardless of how well he is trained, still is required to abide by leash laws if they exist in the municipality of if the HOA created such regulations. While you can fight the ticket (if the HOA never had a bylaw or the municipality has no law against it), it is otherwise a valid right of the HOA to file such tickets especially since prior to issuing the fine they warned you which you chose to ignore.

I do agree that HOAs should fairly enforce the laws, but an HOA has the ability, much like most police officers, to 'selectively enforce' the laws provided that the selective enforcement is not a violation of discrimination laws. But even a stupid law or rule, if properly set forth, must be obeyed, so I do not see a basis here to fight this other than to put forth people on the ballot who are more receptive to your situation and those who would not abuse their power.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35597
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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