The Spagenskis (“the Homeowners”) lived in a community in San Diego County with their German shepherd Kato. The community was governed by Sunset Greens Homeowners Association (the “Association”) in accordance with a declaration of covenants, conditions, and restrictions (“CC&R’s”). From February 2019 to May 2019, Kato attacked three dogs in the community. In the first incident, Kato injured a resident and her dog, and after the incident, Kato was placed in home quarantine by the Humane Society. The Association ordered the Spagenskis to comply with the CC&R’s to ensure that Kato would be kept under control. Three months later, Kato attacked two other dogs and other residents in the community. One of the injured dogs died while undergoing surgery. The Humane Society, once again, placed Kato in-home quarantine for another 10 days. Following the second incident, the Association directed the Spagenskis to remove Kato from the community and filed suit, seeking injunctive relief for breaching the CC&R’s and nuisance clause.
Continue Reading Association’s Vested Discretion in Declaring an Aggressive Dog a Nuisance