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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Neighbor Wants to Have My Dogs Removed

    My question involves a condominium located in the State of: Texas

    I was walking my 2 dogs outside of the property fence and as I came around a corner 2 neighbors were standing there inside the fence, one lady with her little dog who started barking and trying to run at my dogs as soon as she saw us, and another lady with 3 chihuahuas. When the little dog started barking my pit bull started barking back and also jumping up and down. That owner apologized for "starting trouble" and walked off with her dog.

    As I was trying to calm my dog down the lady with the 3 chihuahuas just stood there staring, then started yelling at me "what condo are you in? You shouldn't have dangerous dogs in this complex!" over and over again. At that point I am getting angry and she keeps yelling, which starts her dogs barking, and my dog keeps getting more excited. My dog broke out of her harness and ran over the fence, barking and jumping on the fence.

    She then started yelling even louder, calling me names, saying she was going to have my dogs removed, that I am "dummy for having pit bulls in a condominium complex", that I am bad owner, one of her dogs was attacked and she had the board remove that dog, and more. I kept yelling back "just leave, what is your problem, and why are you trying to start something with me?" I finally was able to grab my dogs collar and she still would not leave, still kept yelling at me as I was putting her harness back on. Finally she walked off saying she was going to call the board to remove my dangerous dogs, still calling me names, and that she better not see me walking them around.

    First off my male pit did nothing but stand there the entire time. I actually think he was frightened by all the commotion and is sensitive when someone raises their voice at him. I am really worried she is going to contact the board and they will force me to remove my dogs even though my dog didn't actually attack hers.

    The condo HOA rules and regs states "Pets deemed a nuisance by the Board are subject to permanent removal from the property."

    Any advice is appreciated!! These are my babies and we bought this condo because we couldn't find any apartments that allowed pits. They have never hurt anyone!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Neighbor Wants to Have My Dogs Removed

    All that's happened so far is that this woman yelled at you? You're getting ahead of yourself. It's quite possible that nothing will come of this.

  3. #3
    Join Date
    Apr 2009
    Posts
    2

    Default Re: Neighbor Wants to Have My Dogs Removed

    Quote Quoting Mr. Knowitall
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    All that's happened so far is that this woman yelled at you? You're getting ahead of yourself. It's quite possible that nothing will come of this.
    Yes that is what happened but I work in animal rescue and I have seen situations where boards try to remove pit bulls from complexes simply based on their only biased views of pits, not due to any specific event. That is why I am trying to find out exactly how far they can go. You'd be surprised how easy it would be for her to say "that girl's pits tried to attack me and my dogs", fear takes over for people on the board, and they deem my dogs as a nuisance.

    Obviously she doesn't like pit bulls, that was obvious by what she was yelling, so I don't see her being the truthful type and making my dogs seem any less than some vicious, dangerous animals. I want to make sure the board can't have them removed because of some BS story.

    This is the type of thing you have to worry about when you own pits - a lot of people think they should be exterminated. Pit owners have to be on their best behavior at all times.

  4. #4
    Join Date
    Mar 2009
    Location
    New York
    Posts
    41

    Default Re: Neighbor Wants to Have My Dogs Removed

    First off, I'm sorry that you have horrible neighbors.
    In terms of legal code, on the dog side of things you can find more here, but since your dogs did no harm to anyone you're pretty much golden from that standpoint.
    Even if they had done bodily harm, you would've had a legal defense:
    (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person:
    (1) was in immediate control of the dog; or

    (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog.
    I couldn't really find anything in terms of real estate law that would protect you if the board tells you that you need to remove your dogs except perhaps using the previously mentioned dog laws.

    Good luck, and next time when you see them coming down the street turn the other direction with your dogs.

  5. #5

    Default Re: Neighbor Wants to Have My Dogs Removed

    The woman lacked manners but you have to understand that she had gone through a previous terrible experience when a dog attacked her animals and in all likelihood she was acting in panic.

    Pit bull are banned in many cities in the U.S. because of their nature. It's not the dog's fault. It's just their nature. Even the most well trained pit bull has been known to attack at will. She incited the situation, which she shouldn't have done, but you didn't help by yelling back at her. And then when one of your pit bulls "broke out of her harness and ran over the fence, barking and jumping on the fence" she was in all likelihood afraid and you got her reflex reaction.

    You should have just walked away from the situation when you saw where it was going. She is at fault but so are you. The Board may not act on it at all but if they do just explain the best that you can what transpired and I certainly hope that you learned from this encounter.

  6. #6
    Join Date
    Mar 2009
    Location
    New York
    Posts
    41

    Default Re: Neighbor Wants to Have My Dogs Removed

    Quote Quoting peppermintpatty
    View Post
    Pit bull are banned in many cities in the U.S. because of their nature. It's not the dog's fault. It's just their nature. Even the most well trained pit bull has been known to attack at will.
    They are not banned because they are known to attack at will. They are banned because of their use in dog fighting. Do your research before lecturing. It is the owner not the dog that is responsible if it attacks (the exception sometimes being a shelter dog where the owner has not enough time with the dog to retrain a it). A dog attacking humans is simply because of a failure to train properly.

  7. #7

    Default Re: Neighbor Wants to Have My Dogs Removed

    Regarding Immo's lecture to me ... If you spent time in the state of Florida you would know that pit bulls have been known to attack without their owners present and when they see aggression. It isn't only their use in dog fighting. They have not been taught otherwise. And that is what I said basically.

    And my suggestion to Immo is to back off his/her attitude kick. This is a board to offer help. Not a board to get involved in criticisms of others input. I think I've had enough experience on Florida condo Board's to offer suggestions without being rebuked.

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