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Name:   Carnac - Email Member
Subject:   Regarding Liability Thread below
Date:   7/4/2012 12:28:48 PM


The StillWaters Residential Association, like Tallapoosa County, does not require a pet to be on a leash.  The SWRA Covenants state that the pet's owner must be in control of their pet at all times.

The Golden Retriever may have had obedience training but it was not under the control of the owner.  The Pit Bull was on its owner's property when both dogs reverted to instinct and the skirmish took place.

The owner of the Pit Bull loved it dearly but, weeks ago, voluntarily had it removed from StillWaters.  It has its new home in Opelika.  By the way, the Pit Bull's owner shared the cost of the vet treatment for the Golden Retriever even though he had no legal reason to contribute to that cost.

Dave Heinzen
President, StillWaters Residential Association
 
 



Name:   MAJ USA RET - Email Member
Subject:   Regarding Liability Thread below
Date:   7/4/2012 12:40:23 PM

Mr Heinzen -

You are wrong!  The Golden Retriever WAS under control and at no time either approached the pit-bull or its residence.  Any time you and/or the homeowners association would like a demonstration of obedience training, please feel to contact us... or you might want to contact ANY of our neighbors who know the retriever.

That vicious animal came out of nowhere at full speed!  Did you read the description of what happened?   We provided a statement... that i heard DiD NOT GET PRESENTED at your CLOSED meeting. 

i suspect the StillWaters HOA decision had some other basis.

- MAJ Mason



Name:   MAJ USA RET - Email Member
Subject:   Regarding Liability Thread below
Date:   7/4/2012 12:44:02 PM


Yes, our dog reverted to Golden Retriever instinct... when the pit-bull hit her, she went down into submissive mode. The pit-bull continued to chew on her anyway.





Name:   wix - Email Member
Subject:   MAJ
Date:   7/4/2012 5:30:15 PM

Couple of points that conflict with your original post.  Was your dog on the property of the pit bull's owner?  Did the other dog owner, in fact, pay part of your dog's bill? 



Name:   MAJ USA RET - Email Member
Subject:   MAJ
Date:   7/4/2012 6:00:51 PM

No.  My wife and the Golden, “Gumdrop”, were at the power-line right-of-way on the opposite side of the road, about 100 yd northwest of the pit-bull’s house (Google Earth 32 45.390, -85 48.082). She could not see the bit-bull’s house and were indeed unaware that the dog was coming until it was upon them.

 

Yes.  The owner did pay half the bill.  We were ready to take him to court… had a lawyer and the complaint drawn up.  But, out of compassion for his predicament (which I will not relate here), we did not go through with it.

 

The owner did the right thing in voluntarily removing the dog from StillWaters.  But, voluntary does not carry the permanence associated with the SRHOA directing its permanent banishment.  As ill advised as it seems, the owner could still bring the pit-bull back.

 

We only wanted the SRHOA to officially ban the dog from StillWaters.  This is reasonable and prudent with respect to the danger that animal represents.

 

Amazingly, the SRHOA board found us severally liable for the attack.  They originally cited us for not having our dog on a leash… that is not in the covenants.  The dog, as I have earlier stated, is obedience trained.  We can even stop her… call her back… and verbally restrain her in the presence of other dogs.  This is easily demonstrated.  Residents up and down Vista Wood and Knollwood have frequently seen us do exactly that.





Name:   wix - Email Member
Subject:   MAJ
Date:   7/4/2012 7:09:14 PM

Seems the problem was solved, probably with a little unofficial SW help. I have no use for Pit Bulls or their owners. Better watch out for the coyotes, SW can't help you with that attack.



Name:   MrHodja - Email Member
Subject:   Regarding Liability Thread below
Date:   7/4/2012 7:28:51 PM (updated 7/4/2012 7:36:59 PM)

So, in your version of events, did the golden retriever ever go onto the pit bull owner's property?  If not, and the golden was not on the pit bull owner's property when the pit bull left that property to attack it, the pit bull was the one obviously not under its owner's control. 

Has the pit bull, an obvious aggressor, been banned from Stillwaters?

The golden's owner has made multiple statements on this forum that are in direct conflict with your version of events..  Are you saying that he is not telling the truth?  Or are you just trying to cover your six?  


 



Name:   Carnac - Email Member
Subject:   Regarding Liability Thread below
Date:   7/5/2012 12:36:04 AM

Only Mrs. Major Retired, who was strolling with her dog, and the Pit Bull's owner know exactly where the incident took place.  Their statements conflict.  The SWRA General Manager, who works under the direction of the Board of Directors, investigated the incident and reported to the Board at the SWRA Board meeting.  Our bi-weekly meetings are always open to StillWaters property owners.  Neither party has attended a meeting.

The simple fact is that neither dog was under the control of the owner.  Control does not mean that pets are always, or almost always, responsive to commands.  Control means zero chance of contact.  Because there is no leash law in this county we can't do much.  We certainly are not going to ban dogs or other family pets.  We can only do the best that we can do and pray that nobody gets injured.

By the way, the owner of the Pit Bull told our GM that he had his dog removed because he was worried that the Board would have his dog siezed.

We have empathy for the Masons and their pet.  I hope that Mike lets this matter rest.

Dave Heinzen 



Name:   MAJ USA RET - Email Member
Subject:   Case for the forum
Date:   7/5/2012 9:06:47 AM (updated 7/5/2012 9:15:02 AM)

The SWRA General Manager, who works under the direction of the Board of Directors, investigated the incident and reported to the Board at the SWRA Board meeting.”[Heinzen]

 

FACT: The SWRA General Manager never interviewed Mrs. Major Mason about the attack.  She went to see him as soon as she could get her statement ready. He was unavailable and she had to leave the statement in his chair.  When she, after repeated tries, contacted him their discussion was only about the complaint process.  She went to the StillWaters office to fill out the complaint form.  Mrs. Major Mason attached her WRITTEN statement of what happened… to be given during the board meeting.  That did not happen. Neither Mr. Heinzen nor any Member of the SWRA or office have interviewed her or witnessed our dog under control.  It would seem, that without investigating our side of the story, the SWRA has essentially said Mrs. Major Mason did not tell the truth in her written statement.

 

She and “Gumdrop” would have been happy to walk the General Manager or any member of the SWRA to the scene of the pit-bull attack.

 

- - - - -

 

Hmmm… pit-bull on golden retriever… is there anyone reading this who doesn’t understand what happened? Knowing that a pit-bull lives at a certain residence, who would allow their pet anywhere near it?  Are the street and right-of-way in front of a pit-bull’s residence “off limits” to other residents? 

 

- - - - -

 

“Our bi-weekly meetings are always open to StillWaters property owners.  Neither party has attended a meeting.” [Heinzen]

 

IS THAT SO?  This will be news to the residents of StillWaters.  The meeting dates, times, locations, and an invitation need to be published in the “eflash” so that residents of StillWaters can start attending.  Mrs. Major Mason was informed, by the General Manger that all SWRA “executive board” meetings are CLOSED except for one meeting per year.  She took him at his word. She was not informed that she could come before the board to present her complaint.  

 

- - - - -

 

This sort of thing happens when decisions are made away from the light of day.  I made a life of serving my country (including Iraq), in the name of freedom.  Citizens have a right to have their cases heard, to represent themselves, and ask for redress when they have been wronged.  Looks like this doesn’t happen on StillWaters. [Mason]

 

I am exercising my First Amendment rights.  If the SWRA had actually investigated, allowed Mrs. Major Mason to present her case before the board, and done the reasonable and prudent thing, I would not have brought this out in a public forum.  I am defending the integrity of my wife.  I am advocating peaceful enjoyment of the public and common areas of my community.

Publishing what really happened on this forum is MY redress.

 





Name:   MAJ USA RET - Email Member
Subject:   Case for the forum
Date:   7/5/2012 9:20:37 AM

By the Way – This thread IS NOT about the owner of the pit-bull… who, recognizing what had just happened, did the right thing after the incident.





Name:   wix - Email Member
Subject:   MAJ
Date:   7/5/2012 9:34:02 AM

You seem to be twisting facts for your own benefit.  As an owner in Stillwaters you should know when the meetings are.  A very simple phone call to the office would provide that info. You have to assume some responsibility for your actions; everything is not always someone else's fault.  Get over it, you still have your dog; the other guy doesn't.



Name:   Carnac - Email Member
Subject:   Case for the forum
Date:   7/5/2012 9:45:04 AM

There are way too many inaccuracies and misrepresentations in your response.  I will not take any more time posting on this topic.

Dave Heinzen 



Name:   MAJ USA RET - Email Member
Subject:   Case for the forum
Date:   7/5/2012 10:07:46 AM


I thought you wouldn't.



Name:   MAJ USA RET - Email Member
Subject:   MAJ
Date:   7/5/2012 10:19:50 AM

Wix - and what would be my motive for twisting the facts?





Name:   wix - Email Member
Subject:   MAJ
Date:   7/5/2012 10:39:52 AM

World Peace!







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