is trying to make me get rid of my dog. It sometimes barks and lunges at some of the residents - I have been working to correct that behavior. With others, she is pretty mellow and sweet. I'm a renter, my landlord owns the condo unit I live in. I have obtained a letter from my psychiatrist stating that my dog is an emotional support animal. The HOA is considered a private club.
I have also submitted a letter to HOA from the Humane society stating that her barking is fear based anxiety (the dog is a rescue bull terrier ***** ***** mix) with a detailed explanation of what it is. I also booked a session with a private trainer to address the behavior. The private trainer said the same thing - she is a fearful and anxious dog, but not aggressive - her barking and lunging are behaviors that she knows will work to make whatever the object or person she fears go away - this is what we are working on now - making her conquer her fears.
The HOA states that I violated pet rules pertaining to excessive barking and aggression - the rules are pretty vague - there is no specific or measurable things that define barking or aggression - so it's open to broad interpretation by non-experts.
Here is the verbiage and relevant rules with their numbers:
11. No pet shall be allowed to become a nuisance
or to create any unreasonable disturbance. Examples of nuisance behavior for the purposes of this paragraph include but are not limited to excessive crying, excessive barking, or aggressive conduct toward other animals or people.
12. Any pet causing or creating unreasonable disturbance or nuisance may be required to be permanently removed from the unit and the Association
, after a hearing with the Board of Directors.
16. This rule is subject to all applicable disability laws.
Are there any exceptions to the ESA laws where they can force me to get rid of my dog? Should I retain an attorney to handle all communications with the board going forward? I had the ESA letter from my mental health professional for about 6 months now, but I didn't bring it up to the HOA board hoping to resolve it without the need for a hearing. I have had the dog for 2 and a half years. I live in San Mateo, CA