Have Legal Questions? Ask a Lawyer Now.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).