Legal Question in Civil Rights Law in California

home owners rights with regards to pets

when we bought our condo it was agreed with the developer that we are allowed to have at a maximun of two pets with us, so we moved with our two dogs.a poodle and a terrier.just recently we received a letter from the homeowners board of directors that our dogs are causing nuisance to the common area.we don't even bring the dogs to the common area.dogs narure is too bark when they think an intruder comes near our gate. but this dogs are not being unattended.we let them stop when we hear them barking.when we're working at night as we're nurses we put them in our bathroom towards the parking area .what is our right as homeowners to keep our dogs for we strongly believe we're being picked on this since we don't bring the dogs to the common area, and let them bark as claimed.i would appreciate any advice regarding this matter as we loved our dogs soo much that they're just a source of joy when comming from a very stressfull nights.thank you soo much


Asked on 4/03/08, 4:31 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: home owners rights with regards to pets

I sympathize with you, but feeling "picked on" does not constitute grounds for legal action. If the HOA rules bar pets, or bar as many as you have, you are in an unfortunate position. You acknowledge they bark, thus the complaints. Proving the original developer told you he granted a 'waiver' of the rules would be tough, and even if proven might not overcome the HOA rules and enforcement action. I suggest you negotiate your way out of this problem using all your defenses and sypathies, best done with the assistance of counsel, rather than default into an eviction or litigation scenario, where you'll spend a lot more money. Feel free to contact me if serious about getting the legal help you'll need.

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Answered on 4/03/08, 5:54 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: home owners rights with regards to pets

The HOA Board has a duty to maintain the common areas, which includes abating a nuisance. Apparently this has become a serious enough problem that the HOA feels that they must proceed with enforcement against you. You might want to consider consulting with an attorney to negotiate some kind of agreement or settlement with the HOA. Without such agreement in effect you may start receiving fines from the HOA until the nuisance is corrected.

Feel free to contact my office.

http://www.rpmcclurelaw.com/

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 4/03/08, 6:48 pm


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