MarybethA (Arizona)
Posts: 1
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?