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MarybethA (Arizona)
Posts: 1
Posted:
This is a small condo complex of 24 units. We have a condo owner who is single lady in her 40's. She and boyfriend are very defiant and argumentative. He has a large border collie and now lives with her for the past year. I am the President of our HOA and have told the homeowner and her boyfriend many, many times over the past year that his dog is not allowed to be on our grounds. The only exclusion to our 'no pets' rule is that pets (cats or dogs) have to be small assistive pets and the owner has to provide a medical note from a physician stating that the pet is for medical reasons, i.e. lowering blood pressure of the owner, or if the owner is hard of hearing, the dog barks slightly to notify owner that someone is at their house, or if the owner has been here for many years, they are grandfathered in. This man and his dog are neither, although he claims that the dog is an assistive dog which it is not. And we are not about to change our CC&R's for this situation. He claims to have had a head injury many years ago and is now subject to dizziness (all of us from time to time so should we all have dogs) and has a compromised sense of smell and taste (common in a lot of people so should we all have dogs), so therefore that is why he has a border collie as an assistive pet. We have seen him drive several vehicles, smoke, run, and walk very fast. There is nothing disabled about him in the true sense of the word to warrant having his dog at our complex. He has tried scams such as filing a complaint against our complex with the Arizona Attorney General's Office, and with the Fair Housing Act. Both agencies dismiss his case. Our Board and management company has sent her countless letters with fines attached for her continuing to allow the dog on our grounds daily, but to no avail. She is also six months behind in her HOA dues and has had her condo on the market for well over two years with no bites. Price went from $239,000 to $140,000 for a 'quick sale' and still no bites. We have filed a lien on her condo. What else can the Board, management, or I do to get rid of boyfriend and dog. Boyfriend has bad temper too. Can we file breach of contract charges against her for allowing this, or harassment charges against both of them? They have ignored everyone in authority so far including attorneys. What are our options?
HaroldS (Arizona)
Posts: 906
Posted:
"...sent her countless letters with fines attached..." Arizona has due process laws before you can assess fines. You can foreclose on the unpaid dues if the amount is over $1,200 or after one year on any amount.
You state there is a "no pets rule" but have grandfathered members with pets, so I have to assume this "rule" was not a part of your original covenants. Is this a board implemented rule or was it approved by the proper percent of your owners?
That's quite a drop in listed price and still not selling. That has to have an effect on the values of all your units.
NoelleC (California)
Posts: 42
Posted:
Sounds like it is only a matter of time before missy with the big doggie forcloses. I have seen this stuff in our own building. Financially there are issues, and if you hoa isn't get thier dues, pretty sure neither is the bank.

I hate to say play the waiting game, but it only sounds like a matter of time before the bank forecloses. Hang in there in due time they will be gone
YvonneA (Illinois)
Posts: 17
Posted:
Read your declaration regarding pets/animals. In ours one part says what has to be done for the violation. Another part shows a weight limit and within 14 days of written notice (I'd do certified mail) to remove it if it's causing a disturbance. The attorney should have an idea of how to remove the dog--I know you hate to have to do it. Also, when they do close on the property, the realtor/buyer/title company may want to know if there are unpaid fines or assessments against the property. Not sure how foreclosure or bankrupcy works with this. Also, there maybe something about delinquent assessments & the board being able to take possession of the owner's interest in the property.

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