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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110577
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in a 55+ community and they have a rule that all dogs

Customer Question

I live in a 55+ community and they have a rule that all dogs can not be over 45 pounds and must always be on a leash and registered at the office. For 3 months complaints have been made to the front office over about a German Shepard smuggled in by renters into our community. Today the dog attached my little Shih Tsz and bit into her, my dog was on a leash and this dog was not. It should not be in our community at all. Do I have grounds to sue the company that owns this community.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The tenant owner of the dog is liable for the damages done to your dog. Cost of medical bills. You cannot sue for pain and suffering, because under law dogs are considered property (no different than a car).

As far as suing the HOA or management company, they are not liable for the dog biting, but you can sue them for a declaratory judgment, which would be a court order forcing them to honor the rules and enforce them.