i need help now!!!!

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Postby chance's mom » February 23rd, 2006, 7:36 pm

so i just got a newsletter from our homeowners association and they listed that this is part of the Master Declerations:
* The Board can prohibit the keeping of any animal, which constitutes, in the reasonable opinion of the Board, a nuisance to any other owners.
* All pets must be kept within the unit or on a leash held by an individual capable of controlling the animal.
* The Board of the Master Association may determine tha certain breeds, such as pit bulls or ohters might be determined to be a threat to the safety of the community members, should not be permitted in any instance. The Board may make a determination conditional, and each owner shall be liable for any unreasonable noise or damage caused by such animals. Any violation of the section or ordinances or regulations of the City is hereby declared to be a nuisance[quote]


this can not be legal? they can tell me that my breed will be determined a threat even though he has never hurt nor had a complaint by anyone? and that they can prohibit me from having a dog becuase they consider it a nuisance???? i live in a townhouse, not an apartment, we own our house, not them, what the hell do i do?????????????? i am p*o'd
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Postby mnp13 » February 23rd, 2006, 7:46 pm

You fight it.

You are a member of the homeowner's association, aren't you? I am assuming that was not part of the deal when you bought the house? Have you signed a legal contract binding you to the rules of the homeowners association? what can they do if you don't follow the rules?

You need to start with those questions I think.
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Postby Jesseca » February 23rd, 2006, 7:53 pm

Fight it as hard as you can. I hate homeowner's associations with a passion. They are usually a bunch of stuffy nosey people who don't have anything else to do. Start going through all the CCR's when you bought your house. That should give you some insight to what they can do.
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Postby chance's mom » February 23rd, 2006, 7:54 pm

ok here is what i found in the paper from when we bought the house:
it does not say pit bulls, it says nothing like that, it says. "...the Master Board shall have the right to reasonably determine whether the TYPES and number of pets in a particular situation constitute a reasonable number of pets persuant to this section." it also says they may make any such determination conditional not later determining that the pets constitute a nuisance. i dont get it. how can they turn around a specifically say pit bulls, what do i do?
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Postby Maryellen » February 23rd, 2006, 8:10 pm

you fight it tooth and nail, get a lawyer, and then start looking for another place to live JUST IN CASE.. if everyone on the association vetos your dog you will either have to get rid of him or move.... it will be a long hard battle... what you can do is show your dog is a good citizen, get the cgc title on him, therapy title, anything possible.. hopefully chance is old enough.. if not, then fight it tooth and nail... send an email to ammitnme@yahoo.com and tell her maryellen (me) sent you.... she will give you advise on what to do and how to fight this.. and also contact Jan at http://www.rott-n-chatter.com too and email her, i think she lives in CA. also contact http://www.capeddogservices.org/ and see if she can help... you can also join http://www.pitbullownersalliance.org and jointhe forum there too, as they have alot of bsl fighters there too..
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Postby chance's mom » February 23rd, 2006, 8:29 pm

thanks a lot guys, i did call the on site manager here, and she first said "oops, i dont remember putting that in there" i told her i checked the papers we signed when we bought here and that that was a specific question we asked, specific breeds are not mentioned nor were we told yes! i told her i checked under section 6.6 of the Master Decleration, as she said on the newsletter is where it came from, and there was nothing about sertain breeds. she said "oh well it would have been in your rules and regulations manual," nice way to reference lady! then she said she would email it to me, no email yet. i am sure she is writting it up!
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Postby mnp13 » February 23rd, 2006, 8:31 pm

Types indicates the species, not the breed.

Again, what is the homeowner's association's recourse if you ignore them? I seriously doubt they can evict you from a home that you own

Start there.
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Postby JCleve86 » February 23rd, 2006, 8:34 pm

Well, now you know why I will never live in a neighborhood with a HOA. Never in a MILLION years would I buy my own house, my own property, and have somebody else tell me what I can do with it. BULLSH*T. It's called private property people...it's what our entire economic system is founded on.

Sorry...I know my rant isn't very helpful...this kind of thing just irritates me. My mom's friend lived in a neighborhood with an HOA. One of the home owners had an older daughter who came on rough times and she moved in with them. According to the HOA, she was not allowed to live there for some reason...she didn't have a job yet or was too old to live with her parents or something equally rediculous. So the HOA kicked her out of her parents house.

Yes, I'm serious.

I agree with everyone else...if it wasn't already there written clearly (vague laws can be thrown out simply because they are vague, which I think may be the case here) when you bought the place, they cannot impose new rules on you, to my understanding. Not legally anyway, but who knows how far you'd have to go in court to actually win. I really think you should start looking to sell and find a new home...honestly...
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Postby mnp13 » February 23rd, 2006, 8:44 pm

Find your old copy, you must have one somewhere.
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Postby Marinepits » February 23rd, 2006, 8:44 pm

Make sure you document all of your correspondence with anyone from the HOA. And, make your lawyer aware of the situation. Good luck and fingers crossed for you!
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Postby chance's mom » February 23rd, 2006, 8:56 pm

i hate hoa's too, but where we live it is hard to find a place without them, trust me though, we are already considering moving, i will not risk my dog or his safety! i dont know what to expect if people are that ignorant, who knows what they woudl try, my bf wants to sell. and get out of here. i just want my baby to be safe, stupid hoa leftists!!!

sorry, please understand that i dont mean to offend anyone, i am very upset and feel like i am being told i am a threat or a nuisance becuase i have a wellbehaved dog that some people think is sooooo cute and some jackasses think (ignorantly) is going to pounce on them. you know what maybe he would pounce on them, but he would only lick them and wiggle his cute little butt off!!!!

egh! grrrr
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Postby cheekymunkee » February 23rd, 2006, 10:01 pm

mnp13 wrote:Types indicates the species, not the breed.

Again, what is the homeowner's association's recourse if you ignore them? I seriously doubt they can evict you from a home that you own

Start there.


Yeah, actually they CAN. there is an older lady here in Dallas that lost her home ( that was paid for) because she did not pay her HOA dues for a couple of years, she owed less than $3000 & they foreclosed on her. I will live ina dump before living in an area that has HOAs. ALL of the newer neighborhoods here have them.
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Postby chance's mom » February 23rd, 2006, 11:23 pm

so we probably will be selling and moving, somewhere that there is no hoa. i have been doing some more reading on the cgc and tt and i would love to get chance those titles and many more, i dont know how to get started, i will give our local shelter a call this weekend to see if they do any temperment testing. i agree, and have wanted to do this, that it will help, i also want to get chance into weight pulling to help with his energy, but i just have to get started, i wish i knew someone locally.
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Postby Murfins » February 24th, 2006, 1:24 am

If your HOA is anything like mine (ack I HATE it) then they will have to have a majority vote before they can make you get rid of your dog (or any animal). IF they achieve that they can legally force (or try to) you, although I've yet to see that in my own complex - they just like to hang the threat over your/our heads. I would move, if possible. That's what we want to do.
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Postby GreddyGirl » February 24th, 2006, 9:03 am

Reading all of this makes my stomach knot up :(
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Postby Maryellen » February 24th, 2006, 9:04 am

the tt testing is done by the http://www.atts.org the dog must be 2 years old. for therapy testing the dog has to be a year old, try http://www.deltasociety.com or http://www.golden-dogs.org or http://www.tdi-dogs.org the cgc is done by akc evaluators, go to http://www.akc.org and type in the search button CGC, and then you can see the actual test and find a tester.. most dog obedience schools give the cgc, and alot of events give the TT test.. the shelter tt test is NOT the same as the atts test.. you want the atts test..

here is the list of therapy dog sites to go to http://www.pitbulltalk.com/viewtopic.php?t=93
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Postby Romanwild » February 24th, 2006, 9:18 am

Also contact this group

http://www.adoa.org/
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Postby mnp13 » February 24th, 2006, 11:18 am

The minimum age for the ATTS test is 18 months.
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