Can HOA take my dog

Probably, esp. since you have a letter from the HOA attorney.

Now, in my HOA, we (the Board) would NOT go to the expense --maybe $ 250--of hiring an attorney to write the letter unless we'd already sent you (or your owners) a warning letter. If your dog continues to be a nuisance, we'd have called you (or the Owner) to a hearing a fined you/them for perhaps breaking dog rules and creating a noise nuisance.

Many HOAs and and I'd say all condos have restrictions against noise nuisances.

Why not buy a no-bark collar and keep your pet on a leash??

Animal control issue NOT an HOA. The HOA has no legal stance on this unless they have it written in their rules of HOW they enforce such violations. I would consult the local animal control and discuss the issue. Make sure what your rights are with them and the city. Our city has a noise nuisance of 10 pm. The HOA rules can't supercede this.

I have an issue with a neighbor who threatens me constantly over my dogs "barking". I have 4 of them now and they rarely bark. If they do, it's usually at strangers or neighbors dogs. However, they rarely bark for any long period of times. He has several dogs himself. Which he lets run around unleashed in the front yard. My dogs NEVER leave the house out the front door without a leash. They won't even run out the door if it's left open. The police has been called to my house several times over the matter. The funny part? The animal control officer is our neighbor who lives directly behind us! Even he saw there was NO issue with my dogs! It's on video tape as well. So he keeps threatening me and I tell him to bring it on... Nothing he can do but complain and blow hot air. I even put up a privacy fence between us so my dogs won't even see his.

Does he bark a lot? I seriously doubt they can physically take the dog from you but they can certainly require you to get rid of it. Animal control is not the HOA's responsibility but if the CCRs have prohibitions against noise and nuisances then it's not really an "animal control" issue at all, it's a noise issue.

Depending on the restriction, Geno may right regarding subjective restrictions regarding noise or nuisances. I remember my HOA loved trying to enforce such restrictions calling everything "rubbish" and demanding removal.

Also, do you have any restrictions that grant them authority to come on your property to correct any violation?

They may have been sending notices to the owner who ignored them.
If you're moving within 90 days, let them know. They may be pleased when they find out that you are taking the dog out of the neighborhood. Threat letters might stop.

I just bought a bark collar, and he's always on a leash. He has broke it twice, and my kids have let him out a few times, but never has he been destructive or aggressive towards anyone. Unless wagging your butt and tail aggressive is bad.

Is this true in all states?

It is in the lease to follow hoa rules and we were given a copy of hoa rules. Landlord approved the dog. He was bought as a puppy 8 weeks old. He's now 2. My kids would be devastated if they came and tried taking him or made us get rid of him... should I talk to my landlord have her make them aware we are looking to purchase a house and move out of the development hopefully by the end of our lease in march

BTW... The HOA can not force your landlord to evict you either. The landlord decisides that. There are renters rights involved here even your landlord can not violate. Evictions can take months to take effect. If you get serve with a notice you can respond to dispute it. Which will give you more time. However, you do not want to do that. You want a good referral from your landlord. It looks good for you.

The HOA can impose fines on the owner, it's not really the HOA's concern if the owner passes them on to you. I would expect that would depend on your lease. If there is nothing there about passing on expenses incurred because of you, then I'd guess the fine is the owners problem.

Back to "can the HOA take my dog", I've never heard of an HOA taking a dog. Depending on the rules, they might be able to prohibit you from keeping it in the HOA.

Are there any rules on how they go about fining? Fine costs? They said in the letter they would recoup any legal fees from me or something along the lines of if legal action or mediation is initiated I'm responsible for those fees.

Jason, I really think, imo, it's about the noise. Just comply already and then MOVE.

Fining, costs, etc. are the Owner's problem though s/he very likely will pass the a fines on to you!

If the lease references the HOA, they are an interested third party - not just any old third party as Melissa suggests. Makes a difference.

Jason M14Fla :
With the VERY GREATEST of respect & as an over-the-top dog lover myself, may I give you some advice. Maybe you don't want to hear it from a foreigner. But here it is :

IF YOU LOVE YOUR DOG, keep it leashed & fully controlled in public including any unfenced yard.

If you love it, keep it properly fenced to protect it & other people & animals. Failure to do so in a state with 'strict' or 'full' liability for dog injuries etc, could cost you a lot of bucks without your dog showing any prior propensity.

Keep it occupied without barking nor otherwise disturbing your neighbours. I hope you are NOT leaving it tied up outside.

I say this after seeing fear even of my large leashed dogs, groomed immaculately.

The physically vulnerable are prone to be injured by well-intended canine exuberance. Think broken hips, sometimes a death sentence for the elderly.

OR maybe your current or future neighbours have lived in totalitarian states where authorities used dogs to suppress civil liberties. Or from long-ago civil disorders. That fear I was initially surprised to see in the faces of neighbours formerly resident in totalitarian countries.

Loose dogs are targets or sources of attacks on others.

Over the decades I have reluctantly come to believe that most dogs are NOT served to live in compact living/ highrises etc where they may have to share elevators with owners and may a lot of nuisance if left alone.

Dog issues here are NOT an HOA issue, but rather a Township government and enforcement issue. In the past we have received a few complaints about dog issues such as not cleaning up after them, too much barking, or getting off lead and attacking someone. In our municipality these are all Township issues, and we tell anyone with a complaint to contact them and they handle it then, with inspections, and fines if necessary. We the HOA just stay out of it.

As DjB2 noted, dog issues can be a government issue (Animal Control in my town) and you can be FINED for not cleaning up after them, creating a nuisance (because of the barking), not keeping it on a leash when outside, etc. Your dog may very well be a sweetheart, but it’s your responsibility as its owner to make sure he’s properly trained, regardless of where you live. Why not check with your local Humane Society to see if there are any low cost or free classes (or at least some tips) on controlling the barking, teaching it to heal, etc. Or talk to your vet.

It seems to me this board was a little heavy handed in referring this to the attorney, if that was their first step. In our association; we usually send a letter to the homeowner with a copy to the tenant, and then they can either fix it or the homeowner can speak to the board on your behalf. When that doesn't work, bring in the attorney if necessary. In your case, I suspect your landlady could have prevented this by speaking to you first. Also, did any of your neighbors complained to you or her directly about the dog? If so, and one or both of you blew it off (especially the landlord-homeowner), that could be why the attorney got involved. Some people don’t mind barking while it drives others crazy. I hope you take heed of what Bob said.