CC&R "dog bite"

What is the name of your state (only U.S. law)? AZ

Hello. I am a condo owner in the city of Chandler, AZ. My dog, during rough play with another dog, bite the owner's leg. The injury required hospital care and a report was filed with the police. The injured owner also reported the incident to the property's HOA. All parties involved agreed that the dog bite incident was an accident and my dog did not intentionally attacked another owner/tenant. However, according to the property's CC&R, my dog will have to evacuate this builder's property within 5 days of notice. The notice will arrive this Monday 11/30/09.

I have a number of questions and would appreciate your expert advice.

1. Do I have any recourse to appeal the eviction (of my dog) notice?
2. Who makes the final decision on enforcing this eviction?
3. Is there due process where I can prove that this incident will never happen again?

Any advice for me would greatly be appreciated.

Connie Adamle

adamle said:

What is the name of your state (only U.S. law)? AZ

Hello. I am a condo owner in the city of Chandler, AZ. My dog, during rough play with another dog, bite the owner's leg. The injury required hospital care and a report was filed with the police. The injured owner also reported the incident to the property's HOA. All parties involved agreed that the dog bite incident was an accident and my dog did not intentionally attacked another owner/tenant. However, according to the property's CC&R, my dog will have to evacuate this builder's property within 5 days of notice. The notice will arrive this Monday 11/30/09.

I have a number of questions and would appreciate your expert advice.

1. Do I have any recourse to appeal the eviction (of my dog) notice?
2. Who makes the final decision on enforcing this eviction?
3. Is there due process where I can prove that this incident will never happen again?

Any advice for me would greatly be appreciated.

Connie Adamle

Click to expand...

What kind of Dog is it and what what the exact circumstance of the attack?

There must be by-laws governing your association. Why not read them and see how best to resolve this. Any provision for an appeal? Can you (along with others) call for a special board meeting to discuss?

Can you get the bite-ee to write a letter saying he/she is satisfied with the present situation and wishes your dog no ill will and dog can stay?

Who exactly signed "the letter" and who is President Who is on the BOD? Call or visit these people to plead your case.

And yes, how big is the dog, what is the breed and will a muzzle outside be OK will all parties?

adamle said:

My dog, during rough play with another dog, bite the owner's leg... according to the property's CC&R, my dog will have to evacuate this builder's property within 5 days of notice.

Click to expand...

The fact is you should not have let your dog "rough play." It has been said when two rough-house, someone will always get hurt. I say this as a life long dog owner who has trained dozens of dogs. Poor move on your part, and now you must pay the consequences. Well, you and your dog. Just be thankful they are not pushing to have it put to sleep.

Seeing as how you say this is the builders property, it would be fair to assume that there is no homeowner controlled HOA. As such, you might be at the mercy of the builder. Even if all affected parties agree that the dog is not a threat, I really don't see the builder accepting that position. The builder is a business man and will not want to expose himself/herself to unwarranted liability. If there is an homeowner controlled HOA, you can bet your bottom dollar that they won't open themselves up to the risk and liability. Not to mention that they are not to selectively enforce the Docs.

Lastly, dogs don't accidentally bite people and send them to the hospital. Dogs that play bite each other and humans show restraint. There may be an accidental tear or scratch, but nothing that requires a hospital visit. Since your dog demonstrated a lack of restraint with his biting, it is indeed a danger to others.