N4T Investigators: Tenant upset over HOA decision over “dog” fence
Written By Bret BuganskiTUCSON- Is it a reasonable enforcement of the rules, or did one man’s homeowner’s association go too far? Dan D’Agostino has buyer’s remorse after renting a new home in Continental Ranch. It all centers around an incident where his dog jumped over the fence, and D’Agostino tried correcting the problem.
His dog “Penny” is a 2 year old pit bull mix, that has a lot of energy and sometimes likes to jump. This became a problem over the summer as the dog jumped over the fence and into his next door neighbor’s yard.
“Hey my grandmother just got scratched by your dog pretty bad,” said D’Agostino, who told us about what his neighbor said to him when his dog escaped. “My heart sank and I just felt horrible about the situation.”
To make sure “Penny” never tries this again, he put up a chain link fence around the existing brick fence in his backyard.
“It solved the problem,” said D’Agostino. But he said after about two months, his HOA contacted his landlord, who told him the chain link fence violated the rules, and he was required to take it down.
“Absolutely not, I will not endanger the safety of my neighbor,” D’Agostino said. “I’m open to suggestions, I’m open with coming up with an equivalent solution I said.”
One of the suggestions posed by the HOA was a “dog run,” which D’Agostino felt was not equivalent. The other suggestion was extending the brick wall in his backyard, but it was something his landlord did not want to do. He said both sides were deadlocked, until he said he threatened the HOA with a lawsuit if this couldn’t be resolved. But he said his HOA also threatened his landlord with a lawsuit, and gave them an ultimatum.
“It was out of a fear that he could be bullied into submission and that’s kind of what happened,” said D’Agostino.
The News 4 Tucson Investigators obtained an email between D’Agostino and his HOA saying, “his problem is what is creating the potential risk, and the renter cannot claim the HOA must allow the chain link fence as a “reasonable accommodation.” The Board upholds its responsibility to protect its members from known hazards…the appropriate course of action for the Association would be to report the dog to Pima County Animal Control, being that you have sent documented information regarding the harm it caused to your neighbor after your failure to contain the animal on your property. The Association hopes that you can find acceptable means to address the issue, while following the CC&Rs. There are numerous other “reasonable” ways he can control his dog without any significant expense and certainly without a chain link fence. A leash. Many outdoor dogs are kept on a rather lengthy leash. it will allow the dog to roam the entire backyard without the risk of jumping over the fence.”
However the N4T Investigators found that suggestion from the HOA violates Pima County Law. Under Chapter 6, in the animal control regulations, it says “*with the exception of temporary tethering of horses— the use of tie-outs such as chains, leashes, wires, cables or similar restraining devices for the purpose of animal confinement is hereby prohibited.” Read more: http://www.kvoa.com/story/29994011/n4t-investigators-tenant-upset-over-hoa-decision-over-dog-fence
How would you have handled this situation? Do you have a similar story to share? Let us know! Email us at info@associationevaluation.com