Does Your Association Have a Plan for Dealing with Potentially Harmful Animals?
Your association's governing documents may address the topic of dangerous animals and give your governing body authority to require their removal.
In a recent case, a Newport News Circuit Court Judge unequivocally recognized the validity of such rules and enforced them against a recalcitrant owner without reservation.
What happened?
The case involved a dog that had bitten the adjacent homeowner on one occasion, and charged her on another. The association directed the owner to remove the dog, but the owner refused to do so. Thereafter, the association held a due process hearing, again directed the owner to remove the dog and imposed the maximum charges allowable in the event the owner did not comply. Still the owner refused to remove the dog.
We filed suit on behalf of the association to enforce the governing documents and to compel the removal of the dog. At a pre-trial hearing, the Judge explained in no uncertain terms that, although he was a dog-lover, the association's rule was enforceable and if the dog bit the neighbor it had to go. On the trial date, the owner finally conceded the dog-bite had occurred. The Judge entered an injunction requiring the removal of the dog, and awarded the association attorney's fees.
Takeaway point:
If your association is dealing with a similar situation related to a dangerous animal, don't hesitate to review your governing documents to see if the association has any options for dealing with the animal and its owner. If the situation is serious, you should contact your legal counsel to discuss the best way to approach the situation.
