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Old 04-19-2010, 06:37 PM   #1
anenselog

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Default Can they really do this?
My uncle is a well known attorney in the area lots of people know him and his dogs, now this may be somebody out for revenge on him, is that possible?

My uncle has two boxers, he owns his own home, and they are great dogs. Recently the head of the home owners association got in touch with him and told him there had been some complaints about him having Pit Bulls in the neighborhood. That there are many kids that live and play in the neighborhood and for the safety of the children he needed to remove his pit bulls from the property by the end of the week.

Now that is Bullcrap because pit bulls are great dogs and if properly trained great with kids. But these are boxers.

Well he told the woman he didn't have Pit Bulls, his dogs were purebred boxers. And she told him that he would have to provide proof. Both dogs are from the same parents just different litters, except he doesn't have papers on the older one. So he can prove the younger one is a purebred pedigreed boxer but the older one he has no papers on. He can even take them to the parents. They told him he could keep his papered dog but the other one needed to go.

Can they do that? That is like saying you can only have papered dogs here the rest have to go. He is going to fight this, but he said he may move anyway. He lived in apartments with these dogsfor years and noyhing like this ever happened, but he has some land he is in the starting phasesof building on so that is good.

What all can be done about this? I'm just kind of curious as to what might take place. What are his chances of winning this?

I really hate that someone confused boxers for pit bulls. Boxers are great dogs and beautiful in thier own right but in my opinion there is nothing more stunning than An American Pit Bull Terrier.
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Old 04-19-2010, 06:52 PM   #2
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I think if you own your home. There's not crap they can do in this case. But i could be wrong.
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Old 04-19-2010, 06:54 PM   #3
AlexanderPalamayr

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It sounds like these people don't know their dogs that is for sure. I do think he has a good chance of winning because they definitely aren't pit bulls and ANYONE could tell that. I wouldn't worry to much.
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Old 04-19-2010, 06:56 PM   #4
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Anything with a big head can be "confused" by people that have no idea what a dog is if it's bigger than a Chihuahua.

All he needs is a letter from his vet as to what breed they are, and also have the vet give him a letter of recommendation as well as provide copies of shot records to prove both dogs are UTD on shots. I (luckily) don't have to deal with those Homeowner Association nutcases, but unless there is a rule written somewhere that he cannot own unpapered dogs, I would say they don't have a leg to stand on. Some HA may have provisions that he couldn't own bully breeds, any breed over xx pounds, and I'm sure there are HA that have it written up that you can't own APBT's.

Does he have a fenced in yard or tie outs? Does he EVER allow the dogs to run loose? Regardless of how well they are trained, if he lets them outside without being on a leash or tie out, they may have him there, especially if neighbors will attest that he lets them out loose.

If I were him, I would be going over the rules and regulations of the HA handbook.. or whatever you get when you move into a place that tries to police everything you do, the structure your house has to meet, the limit on how tall your grass can be.. you know, all that crap that people that have nothing else better to do, come up with to hassle hard working people, so they can "mold" them into their perfect little Desperate Housewives neighborhood.

People that go around with their "citizens arrest" cards drawn all the time, drive me nuts!!

**Also, if he is well liked attorney, he shouldn't have any trouble finding a co worker attorney that would be happy to represent him and take on his case... most of the time, attorneys take care of their own, and they should have his back and be ready to go in with all their facts and ducks in a row, to put these people in their proper place... however, if it were me, I'd be looking to move to the country where you have no, or limited, neighbors, who mind their own business and stay out of yours.
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Old 04-19-2010, 06:58 PM   #5
anenselog

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I think if you own your home. There's not crap they can do in this case. But i could be wrong.
You see that is what I always thought but I was informed when we started looking at houses that if there is a homeowners association that isn't always true. Which is why I bought land out in the country to build on, I'm not going to deal with that kind of garbage. Its one thing when you are renting and they tell you what kind of dogs you can and can't have but when you own your home, come on. The neighborhood my uncle is building in I don't think they have the same issues because there are all kinds of boxers and bulldogs over there. But I couldn't believe this. He owns his own home but the HOA is trying to kick out his dogs.


Whats worse is I can't stand when people can't tell the difference between a pit bull, an american bull dog, a boxer, a labrador, a shih tzu...okay not a shih tzu but No wonder the American Pit Bull Terrier and other breeds are in trouble. No one knows what they are, I guess pit bull is the term for any dog that is big and potentially scary (which isn't a pit bull at all). Sorry now I'm ranting.
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Old 04-19-2010, 06:59 PM   #6
Michael-jeckson2

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If the dogs' parents can be located, a DNA test can be performed on the dogs to prove the linage, just a thought.
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Old 04-19-2010, 07:01 PM   #7
anenselog

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Does he have a fenced in yard or tie outs? Does he EVER allow the dogs to run loose? Regardless of how well they are trained, if he lets them outside without being on a leash or tie out, they may have him there, especially if neighbors will attest that he lets them out loose.

If I were him, I would be going over the rules and regulations of the HA handbook.. or whatever you get when you move into a place that tries to police everything you do, the structure your house has to meet, the limit on how tall your grass can be.. you know, all that crap that people that have nothing else better to do, come up with to hassle hard working people, so they can "mold" them into their perfect little Desperate Housewives neighborhood.

People that go around with their "citizens arrest" cards drawn all the time, drive me nuts!!
Yes he does have a fenced in yard, but he doesn't let the dogs out there unless he is home and able to supervise, his cousin had a dog stolen right out of his yard while he was home years ago. He does not let them run loose, we have a leash law here and he is a man of the law and he would not go against it. They are both really good well trained dogs. The only thing in the HOA handbook about dogs and he knew this upfront is no Pit Bulls, Rottweilers, Dobermans, or Akitas allowed.

I just find it kind of weird that he has lived there for 5 years with these dogs and now all the sudden there are complaints, one dog is 10 years old and the other is 7 years old.
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Old 04-19-2010, 07:07 PM   #8
Duaceanceksm

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The only thing in the HOA handbook about dogs and he knew this upfront is no Pit Bulls, Rottweilers, Dobermans, or Akitas allowed.
Sounds like they don't have a leg to stand on. I'd get with the vet and get letters on both dogs from the vet, and he may have to get those notarized, which isn't usually a problem. His local Farm Bureau office has Notary's that work there and they should be willing to notarize something for him, usually for free. Or the courthouse could notarize it for him.

The reason I don't like these organizations is because they are so busy telling everyone what specifications their house must meet, how to cut their yard, heck, they can even raise a stink if you don't drive a vehicle that meets their standards.

If he could, I'd tell him to look at moving outta that place!
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Old 04-19-2010, 07:11 PM   #9
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well, your uncle is an attorney, so at least his cost of fighting this should be reasonable....
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Old 04-19-2010, 07:12 PM   #10
anenselog

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Sounds like they don't have a leg to stand on. I'd get with the vet and get letters on both dogs from the vet, and he may have to get those notarized, which isn't usually a problem. His local Farm Bureau office has Notary's that work there and they should be willing to notarize something for him, usually for free. Or the courthouse could notarize it for him.

The reason I don't like these organizations is because they are so busy telling everyone what specifications their house must meet, how to cut their yard, heck, they can even raise a stink if you don't drive a vehicle that meets their standards.

If he could, I'd tell him to look at moving outta that place!
I hate those organizations. He is moving just to another neighborhood which sadly he will probably run into similar issues. He went to the vet this morning for records and vet reference and for the vet to say this is indeed a boxer. And if that doesn't work he does have someone that will represent him and a whole bunch of people who can vouch for him and the dog.

---------- Post added at 12:12 PM ---------- Previous post was at 12:11 PM ----------

well, your uncle is an attorney, so at least his cost of fighting this should be reasonable....
So true. Though he has a buddy that will represent him probono.
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Old 04-19-2010, 07:18 PM   #11
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I just find it kind of weird that he has lived there for 5 years with these dogs and now all the sudden there are complaints, one dog is 10 years old and the other is 7 years old.
Some people are busy bodies and have nothing better to do with their time. He's probably had some new busy body that has moved in and is trying to start a ruckus. Tell him to get one of his lawyer friends to represent him... these people have not a leg to stand on if he's been there for 5 years and never had a problem or complaint until now.

Let us know how things turn out for him... he has my condolences for living next to idiots, and best wishes for an outcome in his favor!

---------- Post added at 12:18 PM ---------- Previous post was at 12:13 PM ----------

I hate those organizations. He is moving just to another neighborhood which sadly he will probably run into similar issues. He went to the vet this morning for records and vet reference and for the vet to say this is indeed a boxer. And if that doesn't work he does have someone that will represent him and a whole bunch of people who can vouch for him and the dog.

So true. Though he has a buddy that will represent him probono.
Any chance he could find a place in the country, or at least in the county where they don't have these stupid organizations around to tell you what time you can eat dinner and what time to go to bed? grrr!!

Awesome on the pro bono friend... Hopefully, they will just dismiss it, but it'd be nice to see the ones bringing this against him to have to pay for his "pain and suffering" through all of this.
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Old 04-19-2010, 07:27 PM   #12
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I'm not a woman of the law, but I'd have to say, if he has proof they are boxers, then the accusers can't say a thing. He should know what qualifies legal proof. But the genetic testing between the parents and him (as long as the parents are papered), then there is his legal proof. I too am sorry he has to live by stupid people. An example of stupidity: I have a small snake (4ft), I've heard people tell me he's dangerous, he's gonna escape and choke me in my sleep. One chick thought he'd SUCK MY FACE OFF!!! I can't even GET him to bite me! Just wanted to give you an example of HOW dumb people can be. Some of the other stuff they say about my snake is WAY worse and more illogical, than the lock jaw, or eating your babies, or the other rediculas things people come up with bout pits. Boxers are awesome dogs btw, gotta love those wiggly nubs!
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