An American Nightmare for Homeowners
"Geriatric Foster Pets in Jeopardy"
Homeowners' Associations can take on the character of the Salem witch
hunts at their worst. Try being "different" in a neighborhood like Preston Village in Cary-the town that has become infamous for its insistence on bland, beige sameness.
Mike and Judi Pierce have provided shelter for dogs through a foster
program for years, and sometimes end up keeping geriatric dogs that no one else wants. Unaware that they were in violation of the Preston Village Homeowners' covenant, the Pierce's soon found out that their
well-behaved foster dogs and pets were not welcome in a subdivision where golf carts are seen more frequently on the streets than family pets. They challenged the town of Cary's Two (2) Dog Limit Law and won their case in court. Threatened with eviction, they are now facing a civil suit in Wake County District Court filed by the Preston Village Homeowners Board.
What was presented to them under the auspices of "the Preston Village
Homeowners Covenants" did not note a pet limit. Then they were told
to comply by removing all animals, but three (3). But to the Pierce's
that option is not feasible because it would mean almost certain death for their geriatric rescued pets, and intolerable stress for their
companion animals as well as for themselves. Sadly, many are left in "foster care", like the Pierce's home, for the remainder of their fragile lives. The Pierce's consider their pets to be family members.
The Preston Village Homeowners Board feels it is their duty to
"strictly enforce" this covenant. The Board seems to feel that failing to enforce this covenant, which they see as necessary to maintain the upscale neighborhood and to protect the value of the residents homes, will send a negative message. There are other violations in the subdivision, but there is no discussion or debate allowed about those.
Those individuals who have spoken out against the Board filing the
Civil Suit regarding the three (3) dog and/or cat limit are at risk of
experiencing further reprisal by the homeowner's board.
Despite communicating via legal counsel that their intention is to
move, the Pierce's continue to be harassed. They feel that this is a
personal vendetta against them which has nothing to do with Covenants or animals.
Not only has this cost the Pierce's thousands of dollars in legal fees it is also costing the homeowners of Preston Village thousands of dollars of their hard-earned money, to fight a battle which has never been put to a formal vote by all homeowners in the subdivision.
The Constitutional Rights of homeowners in covenant-controlled
communities are not only under attack, there are cases where the homeowners' rights have been legally denied. You surrender your civil liberties when entering into a common interest property ownership, and who was to know! We need to look beneath the surface of homeowner's associations and what rights as homeowners are signed away by being involved in one.
The Pierce's shall continue to move forward for towards their beliefs, and most assuredly will remain involved in fostering rescued animals that otherwise would be euthanized. To them, that alternative is just unimaginable. In their careful considered opinion, there is absolutely no justification for targeting well-cared for, well-behaved elderly pets and putting them at risk of death!
I respectfully ask your assistance in providing AWARENESS to those who are unaware. We need to be a "Voice for the Voiceless". The impact of personal awareness will be insurmountable.
Thank you.
Mike & Judi Pierce
