AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

HOA declaring a hearing against our dogs

Hello. This is our first HOA experience. We live in the Dragoon Mountain Ranch estates in St. David AZ, and elite 16,000 acre gated ranch community with custom homes on acreage of 36 to 45 acres. All forms of animals are allowed, but primarily horses are the favorite. We, on the other hand, are farmer/ranchers with a lovely variety of goats, cattle, chickens, horses, dogs, cats, rabbits, etc. We also raise Labradoodles and Goldendoodles for special needs/handicapped individuals as I am a retired special needs teacher and desired to provide this amazing non-shedding breed that most challenged children and families need for a fraction of the cost that most breeders sell them for. In turn I obey the AZ Statutes and laws of only 3 litters a year, sales done exclusively electronically, puppies birthed and raised in dwelling per CC&R regulations, and we deliver the puppies to their new families when they are old enough. We have lived here 3 years, and within the last 6 months the HOA began demanding that we remove our exercise pen and shade awnings in the backyard for our dogs. We only have 4 breeding females and one stud. We also have ranch dogs for protection due to high predator numbers of mountain lions, bobcat, and coyote packs. Since we have newborn calves and lambs we have Great Pyrenees for protection, and that breed is very common up here and with local neighbors as well due to predator issues with goats. We have obeyed all HOA rules and CC&Rs which claim that only structures are not allowed, which are permanent fixtures. We have used all portable pens. Additionally they claim we have a ‘commercial dog breeding business’ which by AZ State Law we do not. 2-3 litters and less than five breeding females is the legal allotment to dissuade any suggestion of a kennels or commercial dog breeding business. We have already refuted their accusations of violations with a response letter which we mailed certified to their original uncertified notification. We detailed our rights by AZ Law using statute 33-1803 to specifically note that they are not only incorrect in their violation notification as they did not have a first and last name of the observer nor a date of when this observation was made. We are very private and have never invited the HOA over for any investigations. But, we were entrapped when two of our donkeys accidentally escaped and the HOA president claimed she merely wanted to visit them, then came over to tell us we were to receive a letter from the HOA with complaints about our dogs. At first it was about barking, but many neighbors have barking dogs. Then they claimed our backyard exercise area was a “Kennels”. Then they claimed we had a “Commercial dog breeding business”. We had addressed all these accusations with legal definitions plus quotes from AZ Law and Statute 33-1803 to assure them they had no evidence of such activity, that we do have 4-5 breeding females but do only raise 2-3 litters a year all within our dwelling per their CC&Rs and there is never traffic on the ranch since we do everything electronically and deliver. We assure

1 Response

  1. dennisl


    I just found that i never responded to your earlier post. You appear to have done your homework and complied with both your community documents and state law. Under ARS 33-1803 the association must identify what specific provision of the governing documents that you alleged violated, and must allow you due process of an in person hearing before the board. Since you contested that violation and requested that hearing the association has no right under the law to apply any fines until that hearing is held. I will also note that you can and should also request to have that hearing in open session where you can invite all your neighbors to the board meeting. The board will always try and insist that the hearing be held in executive session so they can reject you in secret. Do not give them that option, the option is your alone under ARS 33-1804.
    As an aside I’ve had a golden doddle for the last 12 years as well.

    While you never finished the post with what you were specifically looking for from me, my response is my assumption. If the board refuses to provide you the due process specified in law you can file a petition to the Arizona Dept. of Real Estate relative to the association violating 33-1803 and the community governing documents. Remember if the CC&R’s do not specifically place a restriction on your use of your property any assumed rule or arbitrary interpretation by the HOA is null and void. Only the CC&R’s can restrict the use of your property.


Leave a Reply