ChrisP18 (California)
Posts: 7
Posts: 7
Posted:
I have questions regarding aggressive dogs in a community. I will apologize in advance for the length. This is a housing community NOT in a gated community. We have no clubhouse and very little common area in our community. the parks and greenbelts in our community are taken care of my city park and rec. I bought the home new and I have lived her for 17 months. Our Board meets every 90 days. I have only been to 3 meetings plus and IDR many meetings have been rescheduled with no advance notice and the new dates were ones i could not attend and I have missed other board meetings due to vacations and the first meeting we were still too busy unpacking. I am a member in good standing and I pay my dues on time.
Jan 2018 I was chased by my neighbors Pitbull/lab and narrowly escaped being bitten. The Pitbull was off leash in the their front yard chased me through my front yard up to my door as i was screaming when my husband opened the door and i ran in slamming the door in the dogs face. Animal Control became involved and after a court hearing the dog was deemed a "Potentially Dangerous Animal" During this time the HOA was kept notified of the situation. I advised them of the outcome of the trial and provided them the case number they stated they would not obtain a report that i need to do so. March 2 2018 I hand delivered the document to the HOA. I requested that the Board remove the dog from the community since it is a threat to the safety of the community also to have the HOA force compliance of the 2 dog rule my neighbor has 4 dogs.
During this time period I have kept a video log of his 4 dogs jumping on our co-owned fence and the constant barking. Our CC&R state "the board shall have the power to prohibit the keeping or maintenance of any animal, which, in the opinion of the Board, after Notice and Hearing, is deemed bu the board to constitute a nuisance to any other owner or which constitutes a threat to the personal safety of any owner in the sole ad absolute opinion of the Board."
In April 2018 we received permission from my HOA to install a secondary fence against the co-owned vinyl fence to ensure our safety in case the dogs were able to break through the vinyl fence and gain access into our yard. We installed a wrought iron fence against the vinyl fence
May 2018 we attended an IDR the association asked what concessions would we want to allow the potentially dangerous dog to stay in the community. I advised them i did not want the dog to stay but if it had to to 1. have neighbors install their chain link fence they bought 8 months prior and put it against the vinyl fence. 2. pay for the cost of my wrought iron fence 2600.00 3. do not walk the dog in the community take it tot he dog park that is 1/2 mile away. the HOA wanted us to sign off our rights during the meeting removing the HOA from the issue and they would get my neighbor to PROMISE to these things but if he did not do it then I would have to take my neighbor to court to enforce his "promises". We said no
July 2018 no decision from the HOA regarding IDR or what they will be doing regarding the potentially dangerous dog or the 4 dog violation per management company they were waiting on more information from my neighbor. In Aug 2018 I emailed the Management Company and advised them that I wanted to ask some DETAILED questions regarding our insurance policies. The Management company gave the the name and number of the insurance agent and advised me to talk to them. I called he insurance agent asked what each policy covered and I then asked if we had enough coverage for the Potentially Dangerous Dog in living in the community, that if it injured someone would their be enough liability coverage. The insurance agent was NOT aware of the potentially dangerous dog in the community. The policy renewed April 2 2018 30 days after the HOA became officially aware of the court ruling on the dog
I then received a letter from the HOA Attorney stating I had NO permission to talk to the insurance agent that i was banned from speaking to the insurance agent or the insurance company and if the premiums went up OR the policy became cancelled then my husband and I would bear the cost. I called the atty and left several messages all calls never returned. my final message on his voice mail I asked him if it was insurance fraud by not advising the insurance company of a known liability risk, that the Board had a fiduciary duty to the homeowner that by not advising the insurance company of the known liability risk the board had placed all homeowners in danger, if a accident happened because of the potentially dangerous dog the insurance company could VOID our policy and then the damages for a dog attack would be the responsibility of all the homeowners through special assessment. I also stated that our cc&r state that if anything is kept in or on a residential property could cause our insurance premiums to go up or be cancelled that it must be removed immediately. So I stated that the dog be removed.
Sept 2018 I set and email to the management company for status of the dog being removed. they advised me that I was not allowed to find out the outcome of their decision that they will do what is in the best interest of the community.
At the end of Sept 2018 the Potentially Dangerous dog after months of throwing itself against the fence finally damaged the fence enough to put its head into my yard. I have photos and video of this. The bottom rail of the vinyl fence became disconnected from the fence post and several a fence slat fell out. the dog was able to put it head into my yard and tried to bite me when i went out to look at the fence. the only thing that stopped the dog from gaining full access into my yard is the wrought iron fence that we installed with the HOA permission in April 2018. Animal control came out again looked at the fence and the video and provided a SINGLE warning to my neighbor regarding the fence. That if the dogs jumped on the fence again they would be in violation of the restraining order on the potentially dangerous dog and their dog would become classified as a DANGEROUS dog. I sent the management company a email stating the above facts of the broken fence along with a picture of the dogs head snarling in my yard. I asked for the dogs to be removed.
I received and email from the Association attorney a few days later (I did not see it for a week it went into my junk email) stating that i was banned from contacting the Board (I have never spoken to any board member accept at 3 meetings during my 3 min request to help me with the dogs and I saw them at the IDR meeting) I was banned from speaking to anyone at the management company that if I made contact my requests would be ignored and go unanswered. That any and all contact needed to go through him the attorney. I have called the atty and left messages and no return phone calls.
What can I do? Does the HOA have the right NOT to advise me if they are removing the dogs that I am just kept in the dark?
Can I be banned from talking to the board or the management company? Am I not allowed to have a voice? almost 100% of all my communication has been by email. It has been polite but I have remained firm of wanting the dogs removed. Can the HOA commit insurance fraud by NOT advising the insurance company of a Known Liability Risk?
Please any an all suggestions or insights would be greatly appreciated. I am afraid of the dogs next door and that they will injure us or my dogs or anyone else in the neighborhood. I feel completely helpless. He can break the rules have 4 dogs, break our co-owned fence and not pay for it (getting an estimate so i can go to small claims court)and he can keep a dangerous dog that barks and is a nuisance during the day (I have tons of video of the dog barking the minute I walk outside. I am one of the few stay at home moms in this area so most people do not hear his dogs barking because they are at work plus the dogs are kept more towards my side of the yard.
Thank you
Jan 2018 I was chased by my neighbors Pitbull/lab and narrowly escaped being bitten. The Pitbull was off leash in the their front yard chased me through my front yard up to my door as i was screaming when my husband opened the door and i ran in slamming the door in the dogs face. Animal Control became involved and after a court hearing the dog was deemed a "Potentially Dangerous Animal" During this time the HOA was kept notified of the situation. I advised them of the outcome of the trial and provided them the case number they stated they would not obtain a report that i need to do so. March 2 2018 I hand delivered the document to the HOA. I requested that the Board remove the dog from the community since it is a threat to the safety of the community also to have the HOA force compliance of the 2 dog rule my neighbor has 4 dogs.
During this time period I have kept a video log of his 4 dogs jumping on our co-owned fence and the constant barking. Our CC&R state "the board shall have the power to prohibit the keeping or maintenance of any animal, which, in the opinion of the Board, after Notice and Hearing, is deemed bu the board to constitute a nuisance to any other owner or which constitutes a threat to the personal safety of any owner in the sole ad absolute opinion of the Board."
In April 2018 we received permission from my HOA to install a secondary fence against the co-owned vinyl fence to ensure our safety in case the dogs were able to break through the vinyl fence and gain access into our yard. We installed a wrought iron fence against the vinyl fence
May 2018 we attended an IDR the association asked what concessions would we want to allow the potentially dangerous dog to stay in the community. I advised them i did not want the dog to stay but if it had to to 1. have neighbors install their chain link fence they bought 8 months prior and put it against the vinyl fence. 2. pay for the cost of my wrought iron fence 2600.00 3. do not walk the dog in the community take it tot he dog park that is 1/2 mile away. the HOA wanted us to sign off our rights during the meeting removing the HOA from the issue and they would get my neighbor to PROMISE to these things but if he did not do it then I would have to take my neighbor to court to enforce his "promises". We said no
July 2018 no decision from the HOA regarding IDR or what they will be doing regarding the potentially dangerous dog or the 4 dog violation per management company they were waiting on more information from my neighbor. In Aug 2018 I emailed the Management Company and advised them that I wanted to ask some DETAILED questions regarding our insurance policies. The Management company gave the the name and number of the insurance agent and advised me to talk to them. I called he insurance agent asked what each policy covered and I then asked if we had enough coverage for the Potentially Dangerous Dog in living in the community, that if it injured someone would their be enough liability coverage. The insurance agent was NOT aware of the potentially dangerous dog in the community. The policy renewed April 2 2018 30 days after the HOA became officially aware of the court ruling on the dog
I then received a letter from the HOA Attorney stating I had NO permission to talk to the insurance agent that i was banned from speaking to the insurance agent or the insurance company and if the premiums went up OR the policy became cancelled then my husband and I would bear the cost. I called the atty and left several messages all calls never returned. my final message on his voice mail I asked him if it was insurance fraud by not advising the insurance company of a known liability risk, that the Board had a fiduciary duty to the homeowner that by not advising the insurance company of the known liability risk the board had placed all homeowners in danger, if a accident happened because of the potentially dangerous dog the insurance company could VOID our policy and then the damages for a dog attack would be the responsibility of all the homeowners through special assessment. I also stated that our cc&r state that if anything is kept in or on a residential property could cause our insurance premiums to go up or be cancelled that it must be removed immediately. So I stated that the dog be removed.
Sept 2018 I set and email to the management company for status of the dog being removed. they advised me that I was not allowed to find out the outcome of their decision that they will do what is in the best interest of the community.
At the end of Sept 2018 the Potentially Dangerous dog after months of throwing itself against the fence finally damaged the fence enough to put its head into my yard. I have photos and video of this. The bottom rail of the vinyl fence became disconnected from the fence post and several a fence slat fell out. the dog was able to put it head into my yard and tried to bite me when i went out to look at the fence. the only thing that stopped the dog from gaining full access into my yard is the wrought iron fence that we installed with the HOA permission in April 2018. Animal control came out again looked at the fence and the video and provided a SINGLE warning to my neighbor regarding the fence. That if the dogs jumped on the fence again they would be in violation of the restraining order on the potentially dangerous dog and their dog would become classified as a DANGEROUS dog. I sent the management company a email stating the above facts of the broken fence along with a picture of the dogs head snarling in my yard. I asked for the dogs to be removed.
I received and email from the Association attorney a few days later (I did not see it for a week it went into my junk email) stating that i was banned from contacting the Board (I have never spoken to any board member accept at 3 meetings during my 3 min request to help me with the dogs and I saw them at the IDR meeting) I was banned from speaking to anyone at the management company that if I made contact my requests would be ignored and go unanswered. That any and all contact needed to go through him the attorney. I have called the atty and left messages and no return phone calls.
What can I do? Does the HOA have the right NOT to advise me if they are removing the dogs that I am just kept in the dark?
Can I be banned from talking to the board or the management company? Am I not allowed to have a voice? almost 100% of all my communication has been by email. It has been polite but I have remained firm of wanting the dogs removed. Can the HOA commit insurance fraud by NOT advising the insurance company of a Known Liability Risk?
Please any an all suggestions or insights would be greatly appreciated. I am afraid of the dogs next door and that they will injure us or my dogs or anyone else in the neighborhood. I feel completely helpless. He can break the rules have 4 dogs, break our co-owned fence and not pay for it (getting an estimate so i can go to small claims court)and he can keep a dangerous dog that barks and is a nuisance during the day (I have tons of video of the dog barking the minute I walk outside. I am one of the few stay at home moms in this area so most people do not hear his dogs barking because they are at work plus the dogs are kept more towards my side of the yard.
Thank you
