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
  • 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.

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