How do we rid our condo community of Pit Bulls.

Started by ThomasH7 • 32 replies • 7038 views

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ThomasH7 (Florida)
Posts: 3

Posted:

Over the last 2.5 years I have been requesting my condo HOA management and board to enforce what I am paying for, the declaration of Covenants. I have sent letter after letter, email after email and still nothing is being enforced. I've tried to join the enforcement committee several times and was told there is no committee, even though managament and the board are asking for volunteers to join. One of the issues are the 13 pit bulls living within my condo community. My fear of someone being attacked by one of the pit bulls became a reality. My two Pomeranians and I were attacked by an off leash pit bull two months ago. The Pit bull was so aggressive it ended up inside of my condo attacking us, luckily I was able to trap the pit in my laundry room.

My question is: How do I rid my community of all these pit bulls. It clearly states in the covenants that pit bulls, or pit bull mixes, or dog that looks like a pit bull are not allowed on the property. As I've said, I've sent letters and emails to the management and the board and nothing has been done in over 2.5 years.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why is it the HOA's responsibility to do so? Sounds like an animal control issue instead. Sometimes you have to go outside the HOA into the real world that deals with these issues. The HOA isn't a bubble of safety. The type of dog someone owns can effect their homeowner's insurance not the HOA's. I know owning certain breeds like Doberman's, Rotty's, or Pit bulls can raise the costs of insurances.

I am a huge dog lover but respect the breed. I am not going to feed you a bunch of hueey that Pit Bulls just need love to. They are different and you have to respect that as an owner of one. Don't live in denial of what your dog is and does. It doesn't matter if it's a pit bull or a pomeranian. They have the potential for attack at anytime for any unkown reason. So to me banning one type of dog versus another isn't fair and hurts the dog.

My suggestion is to leave the HOA alone and deal with this as an individual. It would be great if your HOA would change their rules in regards to the type of dogs. However, unless you get a majority of homeowner's to agree to making this change. Your on your own and should deal with watching alot more of Ceasar Malone the Dog Whisperer...

Former HOA President

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thomas,

I hope that you called the police and Animal Control and reported the attack. Without that, it is your word against the other word of the owners of the dog.

Your covenants say that no pit or pit mixes are allowed so how did these dogs get into your condos? The wording on what you posted is really awefully vague such as
" pit bulls, or pit bull mixes, or dog that looks like a pit bull"
Dogs that look like Pit Bulls? What does that mean?

Do your Covenants (CC&R's) say this or is it written in bylaws or rules and reg? I am afraid that if these are CC&Rs, ten the Board must enforce this asap. Perhaps that NO dog is allowed outside without being on a 6 foot leash or something similar. But no owner may replace and pit with another similar breed.

For the record, I have 2-85 pound pit mixes that someone threw into our woods when they were 5 pound and the shelter would not even take them. Kindest and most gentle dogs alive-except when they see little dogs. I always believe that how you raise and handle them is how they behave but there must be exceptions to the rule. My Jake and Lilly are living proof.

JenniferM10 (Illinois)
Posts: 97

Posted:

Aggressive dogs of ANY breed are for animal control to deal with.

BrianB (California)
Posts: 2,820

Posted:

Thomas:

Persistence, logic, calmness and knowledge are your keys to getting the board to enforce the regs.

First, make copies of the exact wording of the CC&R's. Then, send a registered letter to the board, calmly detailing the 13 pitbulls known to be in the association, and ask what steps have been taken to enforce the rules with regards to them. Then, ask that question, calmly, at each and every board meeting you can attend. Continue asking, in letter, person, etc., until you get an answer. Continue to ask, continue to ask "why" at any half-answer, and continue to dig deeper.

The more rational you are, the harder it will be for anyone to paint you in a corner, rationalize you away, etc.. You are simply pointing out a rule, and asking a common sense question of "when can we expect this rule to be enforced".

DavidA7 (California)
Posts: 179

Posted:

DonnaS and MelissaP1, I partially disagree with your statements. I also feel that MelissaP1 response to watch more dog whisper is simply stupid. This person came to this community seeking constructive discussion and this type of response shows a lack of that. Additionally, MelissaP1 the poster states that the CC&R do indicate a dog restriction so why does the community have to change it, it is already in the Associations legal documents filed with the state, city or municipality.

ThomasH7 here are my 2cents

I sincerely hope you have a police report for the attack that occurred or you are completely at square one in this process.
If you have a police report then you have multiple vectors to approach
Legal action against the owner of the dog
Legal action against the HOA for lack of enforcement of the Association legal documents that subsequently led to you being endangered.
In both A/B I would consult with an attorney as this is just my opinion and I'm not an attorney.

You also need to get your police and animal control involved but they can get involved for attacks. They cannot remove a animal just because they are on the property in non-compliance with the Association CC&R's.

I feel the HOA is responsbile here whether or not there is a police report. If the legal documents of the Association (Corporation) clearly states that Pit Bulls are not allowed and the Board of Director's is allowing them to be onsite and there has been a clear request for them to enforce the CC&R's by not allowing and/or removing them then the Board of Director's is I feel personally liable. The BOD cannot selectively enforce the Association legal documents such as collecting dues and not enforce others sections of the CC&R's because they don't feel like it. Doing so opens them all up to a fiduciary responsibility claim.

If you do not have a police report I would send one more letter to the Board of Director's as a certified signature response letter indicating that you want the immediate enforcement of the Association CC&R's which are the legally binding documents of the Association, spell out the specific area you want enforced, the units that are in non-compliance of the CC&R's, and that you want to have the specific CC&R section enforced in 30 days or that you will seek alternate measures to cause the BOD to properly enforce the Association legal documents. Failure to comply with the legal documents potentially places the Board of Director's in a situation of not fulfilling their fiduciary responsibility to the HOA membership.

Other Options

1) Do other Homeowner's feel like this? How Many? Do they represent a majority in the complex?
2) If so, you can pursue a recall of the BOD - your legal documents spell out the process.
3) Run for next year's Board and rally the troops around you who support your cause and ask them to vote for you.
4) Get others who are like minded to also run for Board Membership.

JamesC (Maryland)
Posts: 282

Posted:

MelissaP1

You have got to be kidding: (It doesn't matter if it's a pit bull or a pomeranian????)
Wonder why Pit Bulls are banned from the countries of Canada, Great Britian, several states in the United States, and many other countries.
Google Pit Bulls for the answer. One questions the mentality of people who would want one. They certainly are not the cutest dogs out there, but you can be guranteed they are the most vicious.

Jim

DonnaS (Tennessee)
Posts: 5,671

Posted:

David,

Please let me know where you partially disagree with my post. I think that we are on the ame page except you went into more detail that I did. I want to check to see if I could have better worded my post. ;)

ThomasH7 (Florida)
Posts: 3

Posted:

Yes, the police and animal control were called. Since the dog did not have a collar or any tags, animal control had to place the pit in quarantine. Two days later we found out our neighbors down the road owned the dog.

Our Declarations, which read in writing: A Pit Bull is defined as any dog that is an American Pit bull Terrier, American Staffordshire Terrier, Staffordshire Bill Terrier, or any dog displaying a majority of the physical traits of any one of more of the above breeds.

Before I go any further, please understand I love all animals. To me a well trained American pit bull is nothing short of amazing. Unfortunately, the majority of pit bull owners do not have and/or give the time, exercise and training a pit requires, thus making for a dangerous environment.

At first I was told (by management)I needed to provide the HOA not only the addresses but names of all the pit owners within the community. Then, I was told by the HOA management (in writing) and the board that “I need to hire a professional to distinguish if the breed is a pit bull, or not, because they cannot tell the difference between a poodle or pit bull”.

There are so many serious safety issues within our condo community, the pits are only a small fraction of the problem. The HOA management and board will not enforce any of the rules, they just want their $243 a month.

JamesC (Maryland)
Posts: 282

Posted:

DonnaS:
You say your two 85 lb pit mixes are the (Kindest and most gentle dogs alive-"except" when they see little dogs)
What happens then do see small dogs??? Do they have the little dogs for lunch?
You believe that how you handle them is how they behave:::::: Yet they say under the care of a overly permissive or uneducated owner,pit bulls can become very dangerous, and if an owner trains his pit bull to attack humans, it will do so without hesitation. They thrive on pleasing their owners, no matter what the cost. While their attacks aren't among the vast majority, they are more dangerous because of the breed's tenacity. They also have a very high tolerance to pain.

Also totally banned from most of the provinces in Canada, Australia, France, Norway, United Kingdom, New Zealand, and a lot of cities, and States in the United States.
Maybe there are some folks out there with a little common sense, all except the drug dealers who have no sense at all, but depend on their pits to guard their merchandise.
Pit bulls have absolutely no place in a community governed by an HOA, and since the BOD has the authority to make rules, and enforce them, they should be banned.

DonnaS (Tennessee)
Posts: 5,671

Posted:

James,

I owned 2 well trained pit mixes who love people, get excersized and love everyone. It is a little breed dog that somehow pushes a button that turns them into a frenzy. I don't know what would happen. It might be all show or just territorial but no way will I give that a trial. They are completely fenced in AND wear invisable fence collars that keeps them at distance from the real fence.

These guys were drop offs into the woods. I do not know their history and I could not change whatever made them into what they went thru prior to them finding me. All that I can do is to protect them from finding little dogs. Funny tho, they play with strange big dogs who visit..

BrianB (California)
Posts: 2,820

Posted:

Thomas: One problem is that your CC&Rs start off decently written, then dissolve into a morass of poorly conceived statements that can be argued into infinity by both sides.

"A Pit Bull is defined as any dog that is an American Pit bull Terrier, American Staffordshire Terrier, Staffordshire Bill Terrier..."
Pretty good start, at least these breeds have standards, etc..

"or any dog displaying a majority of the physical traits of any one of more of the above breeds."
then, it gets all wishy-washy and arguable. So, any dog that exhibits 51% or more of "physical traits" of those breeds is also banned? A physical trait is a mouth. Eyes. Ears. Tail. Legs. Paws. Color. Coat. Weight. I pretty much can argue that almost ANY dog has a majority of physical traits of a Pit Bull. The wording is poor, vague, and the board is using that poor wording to hide behind (hey, a poodle has 4 legs, that's a majority of the physical characteristics of a pit bull).

However, even given that wishy-washy arguement, they aren't banning poodles. Or pit bulls. You should make that arguement, that even without DNA testing, you can show that X and Y dog "exhibit A majority of physical characteristics", and ask the board what they intend to do.

Of course, a better rule would be to ban dogs that have attacked other dogs or people outside of their own yard, whether that dog is a poodle, shitzu, or pitbull.

James C: You mention that England, etc. have banned pit bulls, and compared America to these countries as an example. Perhaps sadly, American's don't place much weight in that type of argument. What other countries do, allow, etc. and what the US does, allows, etc. are often at great odds, and most Americans don't seem to really care.

Most countries ban the docking of dog ears and dog tails. Not America, we like being in the same group as Afghanistan, Lebanon, Indonesia, etc.. Mutilation is acceptable to us.

Most countries in the world ban capital punishment. Not America. WE like being in the same group as Iran, China, Lybia, etc.. Despite the kind of neighbors we attract, we like killing people for crimes.

It's a sensible argument that you make, but as Americans, we tend to dismiss it readily, because we are on the losing side of it too often.

DavidA7 (California)
Posts: 179

Posted:

DonnaS - sorry I merged my reading of your post with MelissaP1. We are on same page.

DavidA7 (California)
Posts: 179

Posted:

OK, search around for a dog trainer/breeder and ask if you can pay them to help you identify in writing each of the dogs that can be classified as such. A $100, if that is the case, will be money well spent. Send the reply to the HOA Board only not the Management Company because they are a 3rd party entity and only the Board has authority the report. Send certified return signature receipt with a letter asking for complaince. If they fail you with the written report then you have cause.

DonnaS (Tennessee)
Posts: 5,671

Posted:

David,

Cool!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

There are actually on record MORE bites by small dogs like Pom's than pit bulls or aggressive breeds. FACT.

I watch The dog whisperer and it has prevented many dog attacks with my dogs and myself. I was also in a similar situation where an unleashed uncollared German Shepard chased me and my two smaller dogs into my home. Luckily, at the last second the owner of the german shepard showed up and saved us all. Since then I have learned alot about dog and owner behavior. Which means you can teach an old dog new tricks.

What I learned and practice on a daily basis with my dogs is that it doesn't matter the breed. It matters in the handling. I have 3 poms that live next door to me that 1 has bitten me and are aggressive. My other neighbor has the biggest Rotty I've ever seen in my life and it's the nicest dog. I reach over the fence while my dogs are barking and pet it. He's not bothered one bit by my dogs. The Pom's can't stop barking and had to put up a 6 foot privacy fence up between us because of their bad behavior. I only have a chain link between me and the Rotty.

I find the HOA has no teeth in enforcing the rule of the limiting the dogs. What punishment are these owners going to face if they keep their dogs? I don't see any fines and they can't be liened/foreclosed for it. My point is if your going to have restrictions, you have to have a way to enforce those. I don't see that happening. If this rule was even enforced no owner with a pit bull would have ever moved in in the first place.

My advice...go to animal control and see what the laws are in your area. That's the best you can do because the HOA isn't a they or them...it's you and your neighbors. It's those neighbors that own those pit bulls...

Former HOA President

ThomasH7 (Florida)
Posts: 3

Posted:

Thank you for all your input and advise. I will hire an expert, send more cert. letters and jump through all the HOA hoops. I will always be respectful and remain calm.

DavidA7 (California)
Posts: 179

Posted:

Melissa, excellent 2nd posts. Never-the-less, what is stated in a Association(Corporation) legal documents can and should be upheld. If a BOD is not enforcing the legal documents of the Corporation then it can be held liable for not upholding their fiduciary responsiblity. Now it is completely another thing if those legal documents are not clear and concise. That is best left to an expert. It is an unfortunate thing but sometimes you have to bite the bullet and get a lawyer involved. PS: You ask what punishment well if an HOA has a fine schedule and procedure they should start with that. First warn, then fine, then fine again until you reach the magic number. When the "magic number" is reached you can place a lien on their property for failure to pay fines. Correct me if I'm wrong here but I think this can be done. That definately will get their attention.

Truthfully, I'm sick and tired of hearing that CC&R's have no teeth. On one hand Boards want to enforce one thing but not another. Truthfully, they should not have it both ways and we should hold them accountable. By the way I'm the President of our HOA and I will always due my best to comply with our CC&R's and bylaws. If it is brought to my attention that something is not being enforced I would be more than happy to have an "OPEN" meeting with the person and the rest of the Board to find out why it is not being enforced and/or if there is a misreading of the documents. If there is a conflict between the Board and Member I would suggest mediation with both parties paying 50% of the cost with each agreeing to be held responsible for the mediated outcome. There are a lot of good mediators at a reasonable price that could assist in such situations.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can't use fines as a basis for a lien. It is ONLY for non-payment of dues. Suing your HOA is suing yourself and your neighbors. A HOA is only funded by it's members for it's members. Where else do you think they get the money to operate?

Hiring an attorney is an expensive avenue best avoided. A HOA should be equiped to manage and resolve it's issues amongst itself. Hence why the documents were written. There should be a system of which an owner can present their issue and it be discussed with the board to resolve. Hammering them with letters and phone calls leads them to start putting up a deaf ear and no response. However, presenting as a group and using a majority of owners tends to open those ears a bit more...

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Want an immediate response?

Write a letter to your HOA's insurance company letting them know of all the pitbulls, which units and how they have been attacking people on common areas. The insurance company will immediately ask the HOA to act or the insurance company will cancel the policy. Most insurance companies have "no pitbull" clauses.

I guarantee you will get a response.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Great response...Let's lose the HOA's insurance policy that protects the owners from other things than pitbulls. Do you have any idea how hard and expensive it is to get new insurance for a HOA? It's thousands of dollars and only about 20 insurance companies nationwide that may offer it. So shooting off your foot for a broken toe threat isn't going to help anybody here. Plus haven't really seen any insurance companies that cancel due to type of dog ownership. They may charge more for it, but they are in the business for money. They aren't going to straight out cancel.

Let's get back to the rules and making them stronger to be enforced. Otherwise, you cause serious unrecoverable damage to all owners...

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

His HOA needs a reason to enforce "no pit bulls" otherwise nothing will be done, that is his problem. The insurance company will give the HOA a reason.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Plus haven't really seen any insurance companies that cancel due to type of dog ownership. They may charge more for it, but they are in the business for money. They aren't going to straight out cancel.

Oh yes, they will cancel. It happens. Your right, they are in business to make money, and pitbulls costs them more money than you pay in. Insurance companies wouldn't have such a problem with pitbulls if they didn't have to pay so many claims related to them.

DavidA7 (California)
Posts: 179

Posted:

Obviously his HOA is playing games and using the MGT company as a front-end to abdicate its responsibilities to enforce its policies. At some point a homeowner throws-up there hands and says what-the-&*REE. Yes, lawsuits should be used as a meausre of last resort and yes contacting the insurance company over the issue should be of last result. The Board is throwing-up a wall and not lettng him participate in the process by denying him membership into the enforcement committee when it sounds like there are openings. It is playing games saying we can't identify what a pit bull is. I bet that the Board would even deny him an attempt at mediation. At some point a Homeowner runs out of options and is forced into a corner.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By JenniferM10 on 06/28/2011 10:27 AM
Aggressive dogs of ANY breed are for animal control to deal with.

I couldn't agree more.

Saying that.. our own HOA a few years back had the idea to be breed specific on what kind of dogs they would not allow in the HOA. One breed was of course the Pit Bull.. and a couple of others.. German Shepard, and Rottwieler.

I was on the board when they voted this rule in. I was not for it. Who says we can differential the difference between a pit bull and a staffordshire bull terrior? I presented the board with a picture of the latter and guess what? They thought it was a pit bull.. and it's clearly not.

I vote for animal control. HOA can be held liable to some extent for not enforcing rules, but its the Animal Control that enforces the law and has the bigger response.

Go Animal Control.. meanwhile.. keep your proof of correspondence with the HOA for your own records.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I vote for animal control. HOA can be held liable to some extent for not enforcing rules, but its the Animal Control that enforces the law and has the bigger response.

Animal control is not going to remove a dog from someones house because its not allowed in your HOA. HOA rules mean nothing to them. You would have to wait for the dog to attack someone, then call.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By SteveM9 on 06/30/2011 7:47 AM

I vote for animal control. HOA can be held liable to some extent for not enforcing rules, but its the Animal Control that enforces the law and has the bigger response.

Animal control is not going to remove a dog from someones house because its not allowed in your HOA. HOA rules mean nothing to them. You would have to wait for the dog to attack someone, then call.

My cut and paste was not really well written.

It should of said.. if there is an attack that occured.. AC should be notified. They would be the one's who follow up with complaints, no leash etc.. whatever the laws are locally.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By MelissaP1 on 06/28/2011 4:11 PM
You can't use fines as a basis for a lien.

Melissa,

We've already been through this. I've already shown (posted the law) that in at least one state (Connecticut) ANY sum due the association, including a duly levied fine (specifically mentioned in the law) becomes a statuatory lien.

There are 50 states and 50 possible variations on the laws regarding HOAs. What is true for you may not be true elsewhere. With all due respect, I think we do people a disservice when we flatly state that something is fact when it may not be so somewhere else.

JohnM48 (Pennsylvania)
Posts: 89

Posted:

Quote:

I've already shown (posted the law) that in at least one state (Connecticut) ANY sum due the association, including a duly levied fine (specifically mentioned in the law) becomes a statuatory lien.

PA law also specifically provides for statutory liens for duly levied fines.

Association President

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JohnM48 on 07/03/2011 7:40 AM

I've already shown (posted the law) that in at least one state (Connecticut) ANY sum due the association, including a duly levied fine (specifically mentioned in the law) becomes a statuatory lien.

PA law also specifically provides for statutory liens for duly levied fines.

Apparently so does Alabama. This statement is from Alabama law:

Section 35-8A-316 Lien for assessments. The association has a lien on a unit for any assessment levied against that unit OR FINES imposed against its unit owner from the time the assessment OR FINE becomes due.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

No offense, but quite frankly if your reading advice from people and you can't figure out that it may or may not apply to you, then your too stupid to take any advice from anyone. Think everyone here who posts has a a brain and can figure out that NOT all laws are created equal. They have to take it a step farther to find out if there is such a law in their state. I just give them advice based on my experience and give a direction to which to take that next step. Not into handfeeding the answers down anyone's throat...People can think for themselves...

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

It's been my experience that when people are dealing with a frustrating issue, it's very possible that they when they hear an opinion that might validate what they thought the answer should be, the frustration level can have them stop looking for other opinion or to verify the opinion given.

I've always preferred this site over other HOA advice sites I've been on because the members here took that extra time to reference the laws of the posters State and/or provided additional methods of independently verifying statements made. Even when they didn't have the time to do this, the posters would specify that this is how their Association worked or that it could be different in my Association. Some might say that depending on your governing documents, etc. etc..

By providing those references or statements, it can help the poster seeking advice to realize that they might need to look at the issue from different perspective or to perform some more research. Those individuals that can look at their issue from a different perspective and/or perform the additional research are usually the best members an association can have - an informed member. Perhaps they will even serve on their board and share their experience and knowledge with others in a forum similar to this one.

Tim

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Thomas:

I have to agree a bit with Donna in that your documents leave a lot to be desired regarding this issue especially when it states “displaying a majority of the physical traits of any one of more of the above breeds”. When you state:

“Before I go any further, please understand I love all animals. To me a well trained American pit bull is nothing short of amazing. Unfortunately, the majority of pit bull owners do not have and/or give the time, exercise and training a pit requires, thus making for a dangerous environment.”

Keep in mind it is not only “pit bull” dogs which fall into this scenario. I totally agree with you that some owners do not have and/or give the time and training required for their dogs; however, this not only applies to pit bulls but also many other breeds of dogs. In our previous neighborhood we had a neighbor who had two Rottweiler’s and my husband had to practically choke one down who broke partially through a wood fence in one section trying to attack our small Yorkshire Terrier dog. On the other hand in our new neighborhood I had a neighbor call and tell me not to go outside because there was a HUGE dog outside. I peeked out and saw it was the neighbors Rottweiler and who was a well trained “pussy cat”. Needless to say I went out called the dog to me, grabbed it by the collar, and marched it back home. The owner was extremely grateful because they knew many others were afraid of the dog (named Tank) due to its size and breed.

Another example is my son agreed to watch his girlfriend’s Cocker Spaniel dog while she and her mom went on a week vacation. When he brought her over she wanted to attack our dogs and my son was upset wondering what to do or how he was going to do to be able to take care of the pet because they had already left on their vacation. I showed him how to make her submissive while the other dogs sniffed and controlled the situation. After that she knew she was not the “leader of the pack” or “alpha dog” and everything was fine.

My point is it is not the breed that should be an issue within an HOA, but instead the owners of any dogs. To make it fair and equitable within an HOA either the homeowners should allow any dogs or NOT allow any dogs. If an HOA allows dogs then potentially they should then let their local city/county ordinances apply. Why … because when you have certain limitations it then potentially puts legal liability on the HOA instead of on the local government entity. Because your HOA potentially limits breeds then what options do you potentially have except to possibly file legal litigation against the HOA? In this scenario all your neighbors will end up pitching in to pay for the lawsuit and attorney, if the HOA chooses to fight. On the other hand if the local government entity is the responsible party then they in turn pay for or are responsible for any citations for any legal issues such as dog attacks, leash laws, etc.

In essence what an HOA needs to consider is if you go above your local government authority on what is allowed in the HOA then the HOA at that point in time assumes the legal responsibility to enforce said regulation. This in turn falls upon everyone in the association as a financial responsibility. Therefore, the HOA should choose wisely what they want to take the legal responsibility to maintain.

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