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Is it lawful for a home owners association to forbid a home

Resolved Question:

Is it lawful for a home owners association to forbid a home owner from having a pit bull on his property is the State of Georgia.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. Yes, it is legal. An association can forbid specific breads of dogs and other animals which they determine to be dangerous. Prior to the tenant moving into the property, the rules and regulations should have been provided to them for review and they should have had to disclose to you, as the owner, the breed of dog that would be living with them. Since the by-laws forbid pitbulls, they do have a right to impose a fine. My concern in a situation like this if the dog remains, is that you will keep being fined and the association may take other action. If you never placed the tenant on notice and allowed them to take occupancy with the dog, it may be an issue and there could now be a problem with the lease, that falls upon you. If they violated the lease and never told you they have a dog, yet alone a pitbull, you have a right to demand they get rid of the dog or vacate the property and be held in breach of the lease agreement.

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RealEstateAnswer, Lawyer
Category: Real Estate Law
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Experience: 8+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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