My neighbor is obsessed with having my dog removed, she has tried to open the gate so that he gets lose once, and called animal control on purpose, i have no proof however i know 100% it was my neighbor, they have made several harassment remarks towards me and my dog and is also spreading these lies all over the neighborhood, even one of my friends who was coming by ran into this person and had them talk bad about my dog! Now the homeowners association all of a sudden sent me a letter for me to get rid of my dog or move out! what is this? how is this even legal? My dog has never attacked a human being, he is kept in a locked backyard with fences that do not allow him to escape at any time (the time he escaped was a one time thing never again this has happened).
Should i be worried?
I have lived in this house for over 20 years!
General Practice Lawyer
I think you should ask the HOA for a hearing so that you can correct the record that your neighbor has laid.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
Surveillance cameras are increasingly affordable. You could even put a game camera in the yard to monitor your dog and find out if he is being harassed or let loose.
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Yes, you should be worried. One, the HOA can legally do this. Two, once Animal Control (which is the County) opens a file on an animal, with each complaint, the animal becomes more vulnerable to confiscation. Cities usually have very harsh remedies too. What is the underlying problem? You do not say. Usually, it is barking. Take care of the underlying problem.
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Employment / Labor Attorney
First, it depends on how your community's CCRs address dogs. The may be a provision which allows the HOA to demand that you get rid a dog that creates a nuisance or creates a danger to the community. If he CCRs allow for such action, the HOA can demand that the pet be removed. I have seen this happen.
Second, before the HOA requires you to remove the dog from the community, it must conduct a due process hearing in which you will be given the opportunity to explain your position and ask that the HOA allows you to keep the dog.
In the meantime, if you believe that the neighbor is attempting to let your dog out, you might consider locking your gate and/or keeping the dog inside when you are not home to supervise.
You might want to contact an attorney to assist you in this matter