Legal Question in Civil Litigation in Texas

HOA information

My neighbor has seven (7) pit bull dogs that are being housed on their property.

HOA limits � two dogs per residence.

The residents have (on most evenings) 4-10 cars parked in the driveway and/or street. Some are parked legally. Oftentimes, they are parked illegally (several cars blocking the main lane, cars parked perpendicular to the curb, etc.)

HOA corporate office indicates that they can do the following regarding the dogs:

Send a letter asking them to remove the extra dogs

Wait 10 days and send a second letter

Wait 10 days and send a third letter

Then, pursue legal action (although costs might not allow)

Question: If, after HOA letters are sent to the residents and police are contacted regarding the illegal parking, these individuals do not get rid of the dogs and stop the illegal parking; and if the HOA does not pursue legal action against them....

can the HOA be sued corporately?

can the HOA be sued as individuals? (board members)

�for knowing that this situation was taking place, but not pursuing legal action against this residence to remedy the situation�. emphasizing that if someone is hurt because of these dogs, the HOA will be sued for negligence related


Asked on 3/18/08, 7:45 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: HOA information

Yes but it will be expensive....HOA can be compelled to enforce its rules and neighbor can be compelled to obey rules or eliminate nuisances..etc..BUT it is expensive and you will probably not recover attorney fees but if you get other memebers to join..you could recall Board..etc..a lot is involved..call us if you want help

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Answered on 3/18/08, 8:05 pm


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