The association's governing documents will often provide a way to submit a complaint directly to the association. If a property owners' association violates a provision of the Texas Residential Property Owners Protection Act, the property owner may sue the association in a Justice of the Peace court.
Unfortunately, if they prove the dogs are aggressive, they can make you remove them from the property. If the dogs are service animals or emotional support animals, even though those are protected under the law, if they are aggressive and it can be proven they are aggressive the HOA can force you to remove them.
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions. Property owners' associations are responsible for maintaining and restoring common amenities such as parks, swimming pools, and clubhouses.
Duties and powers of an HOA's board, granted under the TPC and the community's declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association's behalf, maintaining of commons areas, and acting on behalf of the association in legal matters ...
Generally speaking, the HOA has the right to determine the number of pets allowed in their community (or the number of pets allowed in each home) and the type of pets permitted.
Now, for the first time in 34 years, pit bulls are once again legal in all of Florida. On Oct. 1, House Bill 941 went into effect in Florida, prohibiting governmental public housing authorities from banning dogs based on their breed, weight or size. The law also overturned remaining breed bans by local governments.
The HOA cannot impose pet restrictions on these animals. They are not allowed to refuse certain breeds, weights, or sizes. Service animals are also allowed in all areas of the property. As standard practice, the HOA can ask for service animal documentation.
In California, for instance, associations can't have a no-pets policy. ing to Civil Code Section 4715, HOAs must allow homeowners to keep at least one pet. Next, homeowners should check their association's governing documents.