Raleigh, N.C. — When a Raleigh man created a dog treat station outside his home as an act of kindness, he never expected to find himself in the middle of a lawsuit in Wake County District Court.
The HOA of his neighborhood wants it gone – but he says he’s not taking it down without a fight.
The pet snack station sits in the grassy area between the sidewalk and the street.
Chuck Pringle loves keeping dog treats well-stocked outside his home in Bedford at Falls River. Now, he’s asking a judge to answer one question: Does the HOA have the authority to tell him when he can and cannot do with this piece of land?
“I put these items in place so that dogs could come by for a drink of water or a snack,” he says.
The water bowl, treats and figurines have become a hit with neighbors – as evidenced by home security video.
“I have never personally received any complaint from any homeowner,” he says.
The Bedford at Falls River HOA, however, says the snack station’s placement is in the city’s right-of-way, which it contends it controls under the community’s restrictive covenants.
The snack station has been in place for five years, but Pringle says the HOA didn’t get involved until 2020.
First, the HOA gave written warnings. When Pringle didn’t budge, Pringle says they eventually threatened to fine him $100 a day.
“I think they are overreaching their authority. I think the board has taken it upon themselves to decide they have control over this when, in fact, we don’t believe that they do have control over it,” he says.
What does each side of the debate claim?
Pringle hopes a judge can help clear things up.
His lawsuit claims the HOA’s own rules state that “property owned … by the city” or “within the right of way” is exempt from HOA control.
It goes on to argue:
“To the extent there is ambiguity in the language of the restrictive covenants … the language is to be ‘strictly construed in favor of the free use of land.'”
But the attorney representing the HOA argues:
“The Association has authority to enforce provisions of the [covenants], including the pet snack station, placed upon any portion of the properties … in order to preserve and protect the common plan and scheme of the development.”
The attorney representing the HOA reiterated the desire for Pringle to move this snack station a few feet onto his front lawn.
“The Association is simply requesting Mr. Pringle move his snack station to property he owns. We are trying to keep the neighborhood consistent and maintain property values,” said Weldon Jones, the attorney representing the Bedford at Falls River HOA and the neighborhood’s former property management company, Professional Properties Management of Raleigh.
Pringle says the HOA eventually agreed to allow pet snack stations on front lawns instead of the right-of-way. One of his neighbors has one down the street.
However, Pringle says the things on his snack station would not fit in his front yard and could create a tripping hazard.
Pringle is not budging — so for now, his four-legged friends keep coming by to visit and enjoy the snack station.
Pringle has spent thousands of dollars in legal fees. He hopes to recoup that money if he wins.
Right now, both sides are awaiting the court’s decision on who has authority over this land.
