Court Says HOA Board Had Discretion to Order Removal of Aggressive Dog from Community

This case involved a dispute between a homeowner’s association (“Association”) and three homeowner family members (“Owners”) over Association’s right to force the removal of Owners’ German Shepard dog from the community after two separate incidents of attacks by the dog on other pets and people in the community.

Owners brought the dog into the community in August 2018 when it was a three-month old puppy. Six months later, while on a walk, the dog attacked another dog and its owner causing injuries to both. Association conducted an internal hearing regarding a violation of its governing documents. Following the hearing, Association rendered a decision which required Owners to comply with the CC&Rs going forward, ensure the dog was never off leash and always under the control of its walker while in common areas, and to pay the veterinary bills incurred by the other person whose dog was attacked. Association’s Board also informed Owners that if there were further incidents with other animals or people, the dog could be asked to leave the community.

In May 2019, the dog escaped from Owners’ house and attacked two other dogs and injured another person in the community when they were walking by Owners’ residence. Both the other dogs were injured, and one of them died following a surgery that was necessitated by the injuries it suffered. Following this second incident, Association notified Owners of another enforcement hearing and directed the removal of the dog from the community pending the hearing. Owners did not respond, and Association conducted the hearing and determined that the dog was a “dangerous, immediate, and unreasonable infringement or threat to the health, safety or quiet enjoyment of neighboring owners within the Association” and was a nuisance. As such, Association’s Board ordered: