Can anyone help me with AZ law re. padlocking my horse? - Page 2
 
 

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Can anyone help me with AZ law re. padlocking my horse?

This is a discussion on Can anyone help me with AZ law re. padlocking my horse? within the Horse Boarding forums, part of the Barns, Boarding, and Farms category

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        10-03-2013, 09:39 AM
      #11
    Foal
    Cut the lock and move the horse now!!! The HOA can go pound sand and I would let them all know that charges will be filed against them for animal endangerment, mismangement, and false records.

    And report them all to the BBB, and the state of Arizona. Last I knew you cannot padlock any animal in a confinded space. What if there is a fire?
         
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        10-03-2013, 09:43 AM
      #12
    Foal
    PM me the HOA's managment company contact information if you don't feel comfortable posting it.
    lilypoo likes this.
         
        10-03-2013, 10:13 AM
      #13
    Trained
    Most counties have bar association referral services. In Pima County AZ, I believe the rate is $35 for a referral, and that includes 30 minutes discussing your problem with a lawyer who specializes in that sort of law. $35 may tell you that you have the right to cut the lock and take the horse. OR, it may tell you that would be a criminal act with civil penalties as well. Being put in jail for theft would not help you.

    The law varies from state to state and with how the courts in a state have interpreted the laws, and none of us know the details of your agreements...and sometimes, verbal or assumed agreements are enforceable. I hate HOAs, but an HOA can have authority based on its CC&Rs and its policies. I would not assume "no written contract" means no bill collecting authority.
    2BigReds, doubleopi and lilypoo like this.
         
        10-03-2013, 10:14 AM
      #14
    mls
    Trained
    Send a certified letter with dates, times and check numbers.

    Call a buddy with a trailer.

    Sit at the barn. Horse has to be fed, watered and stall cleaned.

    When the stall is open, lead the horse out.

    Have trailer buddy pull in, load and leave.
    Faye83 and lilypoo like this.
         
        10-03-2013, 10:19 AM
      #15
    Yearling
    Isn't that illegal to withhold property because of unpaid bills? There was another thread semi-recently about someone who had their horse locked in a padlocked stall, let me see if I can dig it up.

    I would call the police and ask what your options are.
    2BigReds and lilypoo like this.
         
        10-03-2013, 04:09 PM
      #16
    Foal
    I called the Sheriff's office and was told that the HOA CANNOT hold him or keep me from accessing him or keep me from removing him. I can't say anymore right now but I'll update when it's resolved. Such craziness!

    And yes, HOAs do have WAY too much power in AZ!! The stories of mismanagement, money co-mingling, missing funds, etc. that I've heard from other members of this community are ASTOUNDING.

    Thankfully a neighbor is looking out for him and making sure he's fed and watered and that he gets his supplements. The barn throws hay, cleans the stall and they're continuing that, though at one point my landlord accused me of having stopped feeding him!!! Such BS!
         
        10-03-2013, 04:32 PM
      #17
    Weanling
    Well that's good news. I say move him as soon as you can.
         
        10-07-2013, 01:31 PM
      #18
    mls
    Trained
    Quote:
    Originally Posted by lilypoo    
    I called the Sheriff's office and was told that the HOA CANNOT hold him or keep me from accessing him or keep me from removing him.

    Thankfully a neighbor is looking out for him and making sure he's fed and watered and that he gets his supplements.
    Has he been moved?

    In this situation - I would be there in person instead of depending on ANYONE to fill me in.
         
        10-09-2013, 02:17 PM
      #19
    Foal
    We met a Deputy there on Saturday and the HOA board and community manager came and held an emergency quorum. We agreed to an amount to settle the bill and they agreed to take the funds from me directly, when previously they had refused to deal with me. It was only about $100 more than it "should" have been.

    The Deputy refused to make them release the horse and said we'd have to go to court after the community manager produced a livestock statute on her phone. Personally I believe they were all misinterpreting the statute...it doesn't seem to apply...but my hands were tied. They said they had an automatic lien.

    Complicating things, we found out the neighbor had allegedly been removing my horse's food for weeks, potentially. The board had known and hadn't done anything to help the horse. They said they were preparing to take action in the coming week.

    So that was Saturday afternoon and we had to leave him there till Monday evening, after I could get a cashier's check and drive it 75 miles round trip to settle our bill. I had him sedated and trailered to his new home.

    He is very, very happy at his new home so far. He really seems to enjoy having the run of an entire irrigated acre and he enjoys all the other animals that are there (another horse, goats, sheep, chickens, ducks, dogs, a pig, etc.). I am incredibly relieved that he's out of that facility. It's a terrible place and there seems to be so much corruption. I hope to be able to enjoy him more at his new place, even though he won't be right around the corner, there won't be any politics or anything to remind me of my horrible experience with that house and community!
    aspin231 likes this.
         
        10-09-2013, 02:50 PM
      #20
    Trained
    Glad you're out of that mess. When we looked for properties, we refused to even consider anything with an HOA, deed restrictions, or covenants because of stories like this.
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