The Client was accused by her HOA of owning a pit bull and owning an aggressive dog. The HOA covenants restricts residents from owning certain breeds, including pit bulls. In addition, the covenants provide the board of directors sole power in determining whether a dog is a nuisance or aggressive, whereby the Board has the power to require that the resident remove the dog from the development.
The Client could not afford both CPT and an attorney, although CPT advised her to hire an attorney. Nevertheless, the Client hired CPT as an expert witness to construct a defense. First, CPT guided the Client in obtaining a DNA breed analysis. The analysis stated that the Client dog was not a purebred pit bull.
CPT then evaluated the dog in the presence of people and other dogs. CPT also had some experience with the dog, as it had participated in CPT group classes. CPT’s evaluation concluded that the dog was at times excitable, unruly, and poorly managed by the owner, especially when exposed to certain stimuli, but that with both people and dogs and both on-leash and off-leash the dog was merely overly energetic and not aggressive.
CPT then authored a letter to the President of the Board. The letter detailed the evaluation, prior experience with the dog, the conclusions, and the rationale behind the conclusions.
The Board found CPT’s letter compelling. Consequently, the Board decided to allow the dog to remain in the development, provided the owner continue a training program and obtain a CGC certificate or an equivalent within a 6-month period.
Given the power the Board had to remove the dog and their initial determination, the Client was very pleased with the outcome obtained from CPT’s expert services.
