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I own my home in an HOA community. Another neighbors dog bit

 
Tina's Avatar
  • Answered by:Tina
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Customer Question

I own my home in an HOA community. Another neighbors dog bit a landscaper. My dogs have never hurt anyone and are either in my home or in my gated yard. After the incident they sent me a letter that I was in violation because I had "Pit Bulls" . Had DNA testing done. They are both mixed breed. One is Golden retriever/Staffordshire Terrier mix, one is American Bulldog/Staffordshire Terrier Mix. They fined me $1,000; fining committee comprised of renters, not owners. What should I do?

 

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State/Country relating to question: Florida

Already Tried:
Nothing but submission of the DNA results

Submitted: 280 days and 23 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
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Expert:  Tina replied 280 days and 23 hours ago.

Hello and welcome,

Do you have the language of the rule that you allegedly violated? Your dogs are not Pit Bulls at all correct?

Customer replied 280 days and 23 hours ago.

No where on the DNA test results does it say Pit Bull. Only what I said

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Expert:  Tina replied 280 days and 23 hours ago.


Do you have the language of the rule that you allegedly violated?

Customer replied 280 days and 22 hours ago.

Yes, it says specifically "No Pit Bull Terriers"

Accepted Answer

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Expert:  Tina replied 280 days and 22 hours ago.

I see.

This clearly appears to be a misapplication of the rules since your dogs are not Pit Bulls. In this case, one would typically follow the steps to appeal the decision as set out by the HOA's bylaws or other controlling documents.

If the appeal is not successful for some reason (I can't imagine that it would not be), then one would typically have a basis to file suit against the Board for breaching their fiduciary duty since they are attempting to apply a rule to you that does not exist or, at a minimum, construing a rule beyond its ordinary meaning in penalizing you.

If you retained a local real estate attorney that is familiar with HOA's to communicate a demand to the Board to terminate all efforts to penalize you with regard to this rule, I suspect that would be the end of the matter since they usually do wish to avoid litigation.

If you do not wish to retain an attorney, you could try sending such a demand to the Board, and copy the committee on the letter, as well as pursuing your right to appeal the decision as set forth in the HOA's bylaws.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.3 %
Accepts: 4353
Answered: 7/3/2012

Experience: 15 years of legal experience including real estate law.

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