Dog eviction question

My dogs leash broke and he went in the road and followed my neighbor to her house next door. She went inside and her husband came out cursing me saying my dog bit her. I did not see him bite and when I asked to see if, he said I did not need to see it. Two days later, I got a letter from an attorney asking for my insurance information which I sent. Two months later, I have still seen no evidence of a bite but have had the lady curse me out in my front yard and still wouldn’t show me pictures. Then I caught her and have video of her standing on something and throwing rocks at my dog over our shared privacy fence. Long story short, now two months later. I got a letter saying my dog is evicted. And it is written in out HOA Manuel that they can ask you to remove a dog and if you don’t, they will take it. I have lived here for 11 years and the board is made up of residents. I did not get a warning and no one even bothered to talk to me or get my side plus I still don’t have evidence of a bite. I have multiple sclerosis and use a wheelchair. I love my dog and he is my reason for getting out of bed bc I have something to take care of. I am single, no kids, no siblings, and he is my family. What do I do? Sorry if things are misspelled. I also have tremors.

Well, I will put what the HOA Manuel says and the letter I got on here tomorrow. I’m not home. But it was signed by the financial company manager that takes our fee but not by any board member. The neighbor called animal control and lied and said I let my dog run free all the time. And no the letter said nothing about evidence. Just that I have to remove my dog.

Hope someone else can help too, Michelle. In CA, letters like yours to Owners might come from a property mgr., but it , in CA, must reference a board meeting, date, etc., when the board voted to take your dog from. But, SC is different and maybe you have no rights.

Do you have video evidence of the neighbor throwing rocks at your dog? I would invest in a camera like an Arlo internet camera.
They work of batteries and are great for novice computer users to install.

Thanks everyone! Yes! My dog is a golden retriever. The lady did go to urgent care but they way they acted about being so secretive about it and hiding the “wound” was too strange. And I am not allowed to see medical records due to HIPPA. DHEC did come and looked at his records and the lady even played with him. And the one claiming the bite called animal control but said nothing about a bite, just said that I allow him to run loose. I have NEVER let him loose. One of the times when she was cussing me out, she said she was making sure her was put down or taken away. I just don’t understand why someone never asked me my story or involved me in a decision considering I have lived here 11 years and they know me. I know that I am responsible for my dog and the leash breaking. It actually got caught on my wheelchair carrier and the end of it cut the leash. And the neighbor was coming on the other side of the car and said hello and startled my dog. And he followed her, not chased, and she never stopped but was swatting at him behind her back and saying go home. I think she possibly could have hit a tooth by accident. But I also know if there was any mark on her hand, that my dog was loose and it is my responsibility. And I sent my insurance information to her lawyer. She called the HOA president herself.

I will call animal control tomorrow and see what they say. Will let you know.

Augustin's advice looks great, Michelle. Follow it if you can. Meantime:

The exact wording please, that says the HOA may evict your dog? And Under what circumstances?

Show us the exact wording for how your HOA must deal with Owners who ALLEGEDLY break the rules. What steps, if any, MUST the HOA take? What procedure MUST they follow?

Melissa probably is wrong. In CA and maybe in most states, HOAs do have the authority to evict dogs. In our elevator building, we'd probably order the dog muzzled after a PROVEN bite of a residents. If there was a second incident, we'd demand that the dog be removed from the premises.

I’m with you. Muzzling the dog is an idea. But wince. Have a scooter lift on my car, I was not parking in my garage. I have since started parking in it and my dog will never be outside except in our fenced back yard again. I sent them an email stating this and that I have no proof of anything and if they do to please send it. I will also ask for a meeting to plead my case. However, they do not reply to anything. They have always been slack I have screenshot the hoa part about pets but it won’t upload here. I am using my phone. I will have to do it on my pc tomorrow.

The letter states:

“Due to the recent dog bite the HOA Cambridge Place Board will no longer allow your dog to remain in the neighborhood as this is a violation of the “regulations of the Cambridge Place HOA” Page 13 and 14 under Animals and Pets. You can locate these regulations on our website under Cambridge Place HOA. We appreciate your immediate compliance in this matter.

All,

Normally, one would expect to find some "linkage" between the CC&Rs and Rules and Regulations, right? Something that allows the creation of the Rules and Regulations - and, MIGHT even specify voting requirements for those Rules and Regulations?

Attaching R&Rs to By-laws seems like an end run around the deeded CC&Rs?

Correct. The Declaration is also often known as the "Declaration of Covenants, Conditions and Restrictions," CC&Rs, and similar. Boards are permitted to write rules that enforce what is written in the Declaration. But often Boards go overboard and write a rule that the Declaration does not support. Also, some rules that a board creates are not explicitly implied by the Declaration but have a basis in case law. For example, the Declaration probably says nothing about an appeals procedure. Instead, it is case law (a.k.a. court-made law) that requires HOAs and condos to have an appeals procedure. Nationwide the courts expect HOAs and condos need to be "fair and reasonable" when enforcing their covenants and rules. HOAs and condos adjudicating violations of their covenants and rules have been ruled to be "quasi-judicial" bodies, with the power at times to take away property rights, hence the "due process" requirement to have a hearing, listen to both sides, and so on.

Two months have passed since the incident. Almost a week has passed since the board sent the letter. I think arguing there is an "emergency" at this point would be weak. The Board should follow its own rules and also give you the "due process" you deserve. Meaning that they need to let you give your side and then the Board should adjudicate. If they're not idiots, they will bring the HOA attorney into this to help get the decisions right.

If I were you, I would return home and with my beautiful loving dog. If HOA staff touches your dog, document it with your cell phone. Then calmly and matter-of-factly inform the HOA you will take legal action either to recover the dog or if the dog suffers any injury. Take the precautions you described earlier to prevent an encounter between your dog and others.

If a neighbor was afraid of my golden retriever, then I think I would instinctively respond in a way that made them more afraid of me, because I love my beautiful, innocent dog, and the dog's guilt has not been proven. Especially if I were in a wheelchair and single.

Until I know all the facts, you have my support, from across the miles and ether of the internet.

According too your Rules, they are on your HOA website, so I assume the Declaration is too.

Do follow Augustin's advice and request, in the way Augustin says, a chance to appeal your case per your Rules.

Unlike many states, SC seems to have few if any protection of homeowners from unfair boards. JohnC of SC likes SC laws or lack thereof, but I was hoping he had some advice for you. He did reply to a different thread??

An HOA can't take your dog, period. They would have to go through some legal process to have someone with real authority take it away. Since animals are property if any HOA board member were to approach you and demand the dog that would be similar to robbery which is a criminal offense. HOA's often overstep their authority and board members have no idea what the laws are. Personally I wouldn't worry too much about this. It seems like scare tactics to me.

I’ve got my declaration. It isn’t on the website. But I’m not sure what I’m looking for.

Michelle,

You must read the entire document ...it will help a lot.

Oh no! I’m so sorry. People can be so mean. This is very stressful and I am trying to remain calm. There has to be something that I can do. I have the slackest HOA board in town. They still have not replied to my email asking if my dog is never outside my house or yard again can he stay. So, I may need a lawyer soon.

Nothing in declaration about animals except we can’t have farm animals. And I feel like they can take my dog if they get a warrant but not 100% sure. I will call animal control and ask. All I got was a notice that someone called and said I let my dog run loose all the time and a copy of the leash law. They asked for his rabies certificate. No mention of a bite and I have never let my dog run free so yet another lie. The poor animal control guy had to listen to me cry for 30 minuets. It is so strange that she is doing this. Maybe having a record of my HOA kicking him out will help her get more money out of my home owners insurance.

That was what she told animal control but in my first comment, I explained that his leash broke and he followed my neighbor walking down the road. All I saw was her waving her hand behind her telling him to go home but did not stop or even look back at the dog. She then went in her house and her husband came out and said he bit his wife. Two days later, an attorney sent a letter asking for my insurance info and I sent it. Then two months later, my dog is getting evicted and I have never seen a picture or anything to show that my dog bit anything. And I watched the whole time and he did not bite her. If anythin, she may have hit his tooth by accident. I don’t know. But I am not giving my dog away and I have multiple sclerosis and use a wheelchair and my house was built for that and now I am staying with my parents and it is not accessible. So I am trying to figure out what to do.

I agree Melissa's remarks are not accurate sometimes, Richard. but how does your response help the OP??????

Dear, I am afraid details are changing and it's getting confusing. Now the woman may have 'hit his tooth'?

Also, rabies verification was asked for. Which is done after a bite.

More money from your insurance company? So what did they pay out for if not a bite?

We can't help if we don't have the facts.

And even if the lady has some type of wound, I am asking if I seriously am supposed to just give my dog away when I have seen no proof of anything and just got a letter with no details. And I e lived here for 11 years and the HOA is a group of neighbors that have known me for a long time and they can’t even come and talk to me. No one has asked my side and I’m willing to bet they haven’t seen evidence of anything. I asked for help here, not criticism. I am scared to death to be in my own home because of this and they crazy neighbor who said she would shoot my dog. She is a 53 year old grandmother and acting like a fool. Who throws rocks at a dog while standing on something to look over a 6 foot privacy fence?

That makes a lot of sense. Thank you so much. I will get a letter from my doctor. I think that is all that is needed for an ESD. Have to look it up.

MichelleF2 also remember some people can be breathtakingly depraved. It is shocking how certain people will lie and cause trouble just because they can. These people can suffer true mental illness like Antisocial Personality Disorder, Narcissism, etc. Many of these individuals also find themselves on HOA boards, sigh.

Anyway common tactics they always use is bullying, intimidation and isolation. In your case it would seem as if intimidation rules the day. Vaguely worded letters from an HOA threatening to evict a dog are worthless. They are not worth the paper they are written on. Ignore it. Your neighbors can scream and yell and throw tantrums and bully HOA board members into writing ridiculous letters but at the end of the day it's just a show. It's a bunch of bluster designed to intimidate and frighten the objects of their abuse i.e. you.

Take a deep breath. Don't worry about it.

It isn't criticism to attempt to get the facts straight, which is 100% required to be able to help you.

Did the letter from them say they would physically take the dog, or did you read that in the rules? Ours says that too, but they have never physically removed a dog. They send violation letters and fine into compliance.

Hopefully your dog is not left alone in the backyard all day and night for them even to be able to come get him. They certainly are not going to bust your door down.

Listen, if you don’t have anything to add to the conversation, I suggest that you move on. Yes, my insurance agent handling the claim specifically told me that when people get lawyers, they will drag it out as long as possible and it could take up to a year. He said do not expect to hear anything for at least six months. Under the claim on my account it only says “claim filed.” Nothing else. I don’t know if she actually went to urgent care. All I know is that I pulled up in my driveway five days after and she was obviously drunk and had her arms crossed just staring at me. I said “what”? She held her hand up and said “your f#%^ing dog bit my hand and I couldn’t work for the whole week because I am a dental hygienist.” And she said that she had to go to urgent care. I have nothing to prove any of this but there was nothing on her hand like a bandaid or even a scab that I saw. The details that I know as fact are what I gave. EVERYTHING else is from her ranting at me on two occasions and according to my insurance, she is not supposed to talk to me after getting a lawyer. Furthermore, the letter says that my dog is not allowed in the neighborhood and did not say anything else. The rules state they can come and take the dog. I can’t give you facts as I only know stuff that she said in a raving, drunken state. All I have is that I saw the dog follow her and no bite, letter from lawyer asking for insurance, and two months later a letter from HOA saying he has to go. That’s ALL I have.

Oh, and as I stated, the dog was following her for about 10 feet and had basically was trying to smell her hind end. She didn’t stop or even look back at the dog. She was waving her hand in his face and saying “go home.” I said maybe she walked her finger on a tooth and it left a mark but he definitely did not bite her. This is all I can figure but even then, she didn’t say ouch or your dog bit me. Just went inside her house. I’m just trying to figure out any way she could have a mark on her hand. And it does make sense. I’ve seen people accidentally hit a dog’s tooth or toenail before.

I also take him to a dog park twice a day every day and he has had no issues. My vet said she would witness that he is not aggressive and my groomer said that if he was going to bite anyone that it would be her because she shaves his “winkie” (as she put it.). And I would bite her too for that. Lol