HOA trying to evict me stating "Dog Breed" or "size" on restricted HOA list.Owner knew of the dog prior to lease agreement.

Asked by KCollins8891, Scottsdale, AZ Wed Mar 27, 2013

The dog is my son's therapy dog. It is a Olde English Bulldog. We have never had a problem. UNDER the ADA my son is protected and allowed to have the dog.
They dont even know what breed the dog is. AND there are 3 American Bulldogs in the complex. They told me I have two week to get rid of the dog. He has never bit anyone and is always in a harness. He is trained, yet a security man was harassing me about how 'cute' I was..my dog was extremly aggressive. The man provoked the dog. I warned him serveral times to stay back. The man reached out to shake my hand I backed away the dog jumped at his hand. He did not bite him. That was all before the notice to rid the dog. I refuse to do. I have a letter from my sons doc. stating this is his therapy dog.
I feel discrimination for no reason.

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14
Diannes, Home Buyer, Clearlake Oaks, CA
Sat Jun 24, 2017
While the specific situation described here was likely resolved years ago, I thought I would add some info here that could be useful to others who stumble upon this later. Disclaimer: I am neither an agent nor an attorney, but am generally familiar with service dog law.

The obligations of housing providers to accommodate animals that benefit individuals with disabilities are described here: https://portal.hud.gov/hudportal/documents/huddoc%3Fid%3Dser… The regulations apply equally to trained service dogs and to other animals that help individuals with disabilities (commonly referred to as "emotional support animals", although I have occasionally heard them referred to as therapy animals as well).

Both homeowners' associations and landlords need to comply with these regulations.

Short answer: an HOA and (most) landlords must waive no-pets policies and size restrictions for animals that benefit individuals with disabilities. So on the face of it, the HOA's actions described here are illegal.

However, the HOA is within their rights to require the dog be removed on the basis of the fact that it appears to be a direct threat to the health and safety of others. A court would most likely find that a large dog's snapping at someone is sufficient evidence that the dog is a direct threat, regardless of the fact that the dog was being teased at the time.

I hope this helps.
1 vote
Lewis and Kr…, Agent, Phoenix, AZ
Sun Aug 17, 2014
Specifically, you should consult a real estate attorney. I know all attorneys can be expensive. I am a Realtor but also am a benefits representative for a local law firm who can help you. They've helped other real estate clients of mine and they've been totally satisfied with their service and the price. If you'd like more information, please feel free to email me at lewisandkrause@yahoo.com or call me at 602-614-8546. Patti Krause
0 votes
Tiffany Carl…, Agent, Scottsdale, AZ
Wed Jul 16, 2014
I hope everything worked out for you. You should be okay as the doctor has given you a letter stating it is a therapy dog. I wish you the best and hope it all works out. Tiffany
0 votes
James Wehner, Agent, Scottsdale, AZ
Fri Jun 20, 2014
What was the outcome of your situation?
0 votes
Holly Waxman, Agent, Scottsdale, AZ
Tue Jun 3, 2014
I am sorry to hear about this situation. It is good you are contacting your sons Doc. You should also contact an attorney and get their advise and feedback.

Best Wishes,

Holly
0 votes
Josh Hintzen, Agent, Scottsdale, AZ
Tue Jun 3, 2014
Hi Kathleen!

I'm so sorry to hear about your situation with your son's therapy dog. Though the answers here range from sympathetic to helpful to unnecessarily rude, you are going to need to consult an attorney about dealing with your HOA. There are attorneys all over the Valley that specialize in dealing with an HOA if and when they overstep their boundaries.

Best of luck!
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Sun Aug 4, 2013
Seriously? what do you think anyone here can do for you?
We could sympathize with you, but that isn't going to help.


You need to take this up with an attorney if you feel you're in the "right" and the HOA is wrong.
He or she will let you know what proof you need that this is a therapy dog, and advise you accordingly.

Best wishes..........
0 votes
I agree. Debbie is right.
Flag Sat Aug 17, 2013
bemac, Home Buyer, Scottsdale, AZ
Sun Aug 4, 2013
Okay let's see if your giving us the clear picture?

1. Prove to us by documentation that the dog is a "therapy dog." (not just a letter from a Doc')
2. Olde English Bulldogs can still bite and maul a person. Nice try though.
3. "They don't even know what breed the dog is." So what does this prove?
4. You point out that there are 3 American Bulldogs in the complex. You know this how? Prior to pointing fingers lady, you better be ready to prove your accusation(s).
5. "He has never 'bitt' anyone and is always in a harness.: (except when he tried to bite/security man.)

yaeh right you're a victim......everyone is wrong cept you

P.S. "The man was harrasing me about how cute I was" (I think you just made that up.)
0 votes
Therapy dogs can be certified. It is my understanding that emotional support therapy dogs do not have to be trained.
I agree that there are somemissing details in this scenario. If the person feels certain that she is being victimized, she can seek an attorney and if she prevails agains the HOA, they could be obligated to pay her attorneys fees. More and More places are limited the size of dogs just because the owners do not train the dogs properly and the big ones cause so much more damage if and when they do bite. I personally love animals and but I also care about human lives. Too many irresponsible pet owners are the cause of all the recent restrictions.
Flag Sun May 3, 2015
Captain Jack, Home Owner, Pompano Beach, FL
Tue May 28, 2013
Lately on the news all I see is how therapy dog are helping people through tragedy's. Sandy Hook Elementary, Oklahoma tornado victims are prime examples of dogs helping people. It's a crime that HOA's think they keep you 4 legged family member out!
0 votes
Gina, Home Buyer, Boca Raton, FL
Sat Mar 30, 2013
wow, and I thought thry were just rotton heartless people(HOA) in FL... I was just looking at homes in AZ. Been in Scottsdale b4 a few times and love it. Been in Fl for 21 yrs after being born and raised for 30 yrs in NJ were we didnt have this crap... YES, I have felt picked on many times in the 21yrs Ives lived in this townhouse in Boca Raton, fl. my son has aspergers and I was left with a 6 month baby got fivorced and never a dime in child support..thanks to a liberal judge. At that time I got behind on my fees and they put my house up for AUCTION!!!!!! and over the yrs have tried to forclose several times. THE ATTORNEYS are heartless animals. NOT good animals..

I hate to say it cause I HATE attorneys, but ya just might need one to write a letter,, ESPECIALLY since there are other dogs in the neighborhood.. and THATS the reason Im moving from my wonderful home and wonderful neighborhood after 21 yrs. I CANT take the HOA or the vultures called attorneys.. Good luck, I feel your frustration and anger... personally..

Its sickening the POWER they have over our lives. I cant find a place to live because a have a big dog, shes old, sickly. but they only want pets 20 lbs or less... my cat weight more than 20lbs...I pay the mortgage and HOA fees and ALL my bills and they say I cant have my dog of 13 yrs....were I am now they do. but I gotta GET OUT!!! b4 I hurt someone...
0 votes
i agree! My dog has never hurt anyone! These people hate kids and dogs unless it's a yip yip dog that walks under your feet. They should be thankful this dog is protective, they had burglaries here. I promise I feel safe with my dog and he is trained. These people need to stop treating this as a retirement community....then again, welcome to Snottsdale
Flag Sat Mar 30, 2013
James Wehner, Agent, Scottsdale, AZ
Thu Mar 28, 2013
I'm sorry to hear about your situation. It's unfortunate how so many HOAs abuse their power without know what the law allows for. When dealing with any legal situation, my only advise would be as the previous answers have mention, seek legal counsel.

You have a contract with your landord, your landlord/ owner has a contract with the HOA. It's a sticky situation, but maybe you could be fortunate enough to have the HOA board hear your plea and allow you to keep your tenancy and therapy dog.

Best of luck!
0 votes
Jennie Miller…, Agent, Phoenix, AZ
Thu Mar 28, 2013
What an interesting situation! I am eager to hear the outcome.
0 votes
KCollins, I am just curious what is the outcome of tthis situation?
Best Regards,

Real Estate Professional / Prestige Realty
Bianca Bennett / 602-570-7898
Bianca@InvestInArizonaHomes.com
Website: http://www.InvestInArizonaHomes.com
Flag Tue Nov 26, 2013
It gets better..I met another owner here and he has lived here for many years. He complimented my dog this morning, then I told him the situation and he said "I have a 95lb pitbull and looks nothing like your dog." So, if they want to throw out "breed restriction and weight..this is clearly discrimination here. They are barking up the wrong tree.
Flag Thu Mar 28, 2013
Mack McCoy, Agent, Seattle, WA
Thu Mar 28, 2013
As Rocky sez, consult an attorney.

The landlord does not have the ability to grant you rights that the HOA does not possess. If the HOA has a restricted list, the landlord can't defy that.

The ADA's authority, of course, supersedes the HOA's authority . . .

BUT. We can't adjudicate that here. To protect your rights, you need an attorney. The HOA has a responsibility to its members, and the security man has his responsibilities, but I would let my attorney sort these things out and go on from there.

All the best,
0 votes
Rocky Dole, Agent, Maricopa, AZ
Wed Mar 27, 2013
I would highly suggest that you seek legal counsel. Realtors should not answer a questions such as this. I have studied law for a couple of years and because of that I can tell you that there are several issues in what you have stated that a court could rule on in many different ways. You really need a licensed attorney that deals with this issue.
0 votes
there are some who deal with there horrible HOA's. Gonna have to check them out.. I hate the thought of giveing an attorney a penny, but sometimes we have no choice..
Flag Sat Mar 30, 2013
Thank you Rocky. What type of Attorney? Tenant or other? Appreciate your advice.
Flag Wed Mar 27, 2013
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