Legal Question in Civil Litigation in Texas

Re: Dog breed exclusion

One approach to take and it will be more cost effective to you as well as get you off to a great start with your neighbors is to ask to speak with the President of the community or even ask for a meeting for the homeowner's community. Sincerely explaining your situation and that while you truely would love to live in the community, your family pet is...part of your family and ask if they would consider allowing "fluffy" as an exception to the rule. It is worth a try besides there is no reason to waste your valuable time and money on an attorney when there is an opportunity to talk civally. Of course, attorneys love the work but in the end, you want to live in a positive friendly community.

Re: Dog breed exclusion

You have stated that rottwielers are on the prohibited list. That leads me to believe that you intend to buy into a lawsuit. Ordinarily buying into a gated community carries with it your agreement to abide by the rules of the home owners association (or such similar organization which governs the gated community). Thus what you have told us is that you in effect are intending to buy a lawsuit along with your property in the gated community.

It is difficult to give an opinion without reading the applicable documents. However, if they are properly written, it is my opinion with reasonable certainty that, while your attorneys will love you for your stated intention and their employment, you are destined to lose. Thus, a good recommendation is buy elsewhere rather than buying into a lawsuit at its inception.

To add other advice which is not a legal opinion, but one of common sense, your intended approach certainly will not set well for a new comer in getting along with his neighbors, but I take it that that is not an important consideration for you.