7.23. Resolution 2013-11: Policy Relative to the Prohibition of Purebred Pit Bull Dogs within the Association

WHEREAS, GlenRiddle Community Association, Inc. (the “Association”) was formed, exists, and is operated and managed pursuant to a Declaration and Bylaws (“Governing Documents”) recorded among the Land Records for Worcester County, Maryland on or about September 16, 2003, at Liber 3070, Folio 001, et seq., and,

WHEREAS, pursuant to Article 10, Section 10.1(a) of the Declaration, the Association has the power to adopt Community Codes in order to enhance the life of the Owners, protect the aesthetics and environment within the Association, and promote a sense of community among the Owners; and,

WHEREAS, pursuant to Article 10, Section 10.1(b) of the Declaration, every provision of the Governing Documents, including the Community Codes, shall apply to all Owners, tenants, occupants, guests, and invitees of any Living Unit; and,

WHEREAS, pursuant to Article 10, Section 10.4(d) of the Declaration, the Association may adopt Community Codes with respect to pets in order to minimize damage and disturbance to other Owners and nothing shall prevent the Association from requiring removal of any animal that presents an actual or realistic threat to the health or safety of Owners or occupants of Living Units or from requiring abatement of any nuisance or unreasonable source of annoyance caused by any animal; and,

WHEREAS, Article 7, Section 7.1(e) of the Bylaws states that the Association’s Board of Directors (the “Board”) shall have the power to impose fines for violations of the Governing Documents; and,

WHEREAS, on August 21, 2012, the Maryland Court of Appeals, in Tracey v. Solesky, held that, if the owner or other person(s) who has the right to control a purebred pitbull’s presence on the subject premises (including a landlord who has a right to prohibit such dogs on leased premises) knows or has reason to know, that the dog is a purebred pit bull, that person is strictly liable for the damages caused to a plaintiff who is attacked by the dog on or from the owner’s or lessor’s premises; and,

WHEREAS, pursuant to the Court’s holding in Tracey v. Solesky, it is the judgment and the decision of the Board that purebred pit bulldogs are a source of nuisance to the Association and the Owners thereof insofar as the presence of such dogs exposes the Association to indeterminate liability, and that it is in the best interest of the Association to prohibit such dogs from being kept or maintained upon the Living Units and the Community Property of the Association; and,

WHEREAS, the Board of Directors desires to establish and adopt the Community Code set forth in this Resolution in accordance with the Declaration, the Bylaws, the Maryland Homeowners Association Act, and as otherwise provided by law.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Association that the following Resolution shall be and is hereby adopted:

1. Purebred pit bulls are prohibited from the Living Units and the Community Property. In no instance may an Owner keep or maintain purebred pit bull(s) upon his or her Living Unit or the Association’s Community Property in violation of this Resolution except where this
prohibition may conflict with rights vested in an Owner or resident pursuant to the applicable state or federal law, in which case the Board of Directors may exercise its discretion with respect to the enforcement of this prohibition.

2. Violations of this Resolution shall be punishable by the imposition of fines or other sanctions, which may be levied in accordance with the procedures, set forth in the Association’s Governing Documents.

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