You have two options to try to deal with the rule.1) you can petition the board for a formal variance on the rule (this is different from asking an individual board member or the manager for permission), you will want to check your CC&Rs (or whatever title
your governing documents use) for the specific procedure for asking for a variance, but in most cases you will do this by submitting a written request for an exception or exemption
for enforcement for the rules based on a circumstances (such as your medical condition) to allow you to avoid enforcement. Make sure in your petition to make it in such a way that you are also meeting the HOA's objective - so if they are concerned about drinks being spilled into the pool, you are offering to use leak proof containers, or take some other measure to try to bridge the gap.2) you can use your association's rule making procedure (again the specific rules for your HOA will be in the governing documents), and try to have the rule be voided altogether. The membership can vote down a rule that is implemented by the board, so if you can get a sufficient number of owners to agree with you that the rule is unnecessary, the rule can be voted out - but you need to follow the rule making procedure very carefully (many people ignore the governing documents and simply go door to door getting signatures, this is not the proper way to do this, you need to read your CC&Rs or governing documents to find the procedure for elections and rule making).Finally, with regard to the dog issue, if you were injured, you have a cause of action for personal injury
. The HOA may be a joint defendant along with the dog's owner. Personal injury claims are based on expert testimony
, this means you, or your attorney, will need to find a medical expert to testify as to the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.Due to the complexity of these claims, I highly recommend that you retain a plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation
and legal services in exchange for a portion of your successful settlement or judgment).You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).