Asked in Animal / Dog Law and Real Estate Law for Florida

Q: My HOA in Florida is demanding me to get rid of my registered service dog after he launched at a valet guy while muzzled

He didn’t injure him or anything

2 Lawyer Answers

A: If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked to the ground.

Michael  Mayoral
Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: You should consult with an attorney experienced in representing homeowners against their HOAs. There are several different defenses to this claim based on the language of the governing documents. Also, there are DBPR opinions on this issue finding a dog not to be a nuisance depending on the circumstances. All of these claims are extremely fact specific, and depend on your governing documents.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.