HDC homeowner agrees to remove dogs from El Dorado townhouse

NO pets are allowed in Housing Development Corporation (HDC) units without permission.

This is the message coming out of a complaint the corporation filed against the owner of an El Dorado townhouse.

On Wednesday, homeowner Keith Allen told the judge hearing a complaint filed against him by the HDC he was not contesting the matter.

The HDC filed the complaint over his having two dogs in his Peastree townhouse without permission. He said he had removed the dogs.

At Wednesday’s brief hearing, Justice Frank Seepersad congratulated Allen on his decision and reminded him that pursuant to the sublease homeowners held with the corporation, pets are not allowed without consent.

Given Allen’s decision to remove the dogs, the judge issued an order that he should be restrained from keeping pets on the property unless the HDC’s consent is obtained.

Seepersad maintained, “An individual’s right cannot be enjoyed or exercised in a manner which imposes upon the rights of others."

“The matter is now resolved...No dogs allowed,” the judge said.

Last week, he varied an injunction sought by the HDC which allowed Allen to keep the dogs in the unit until the hearing of the injunction application.

Seepersad said then the court recognised there were competing rights involved: the right to the individual’s enjoyment of property and the collective rights of all the residents of the housing development to enjoy the common spaces on the property.

“Rights are never absolute and are subject to lawful limitations. Personal rights must be exercised in a manner which ensures that the rights of others are not violated,’ he said as he made an amended order which, at the time, allowed the homeowner to keep the dogs, a Siberian husky and a mixed-breed dog.

In its application, the HDC asked the court to order Keith and Andra Allen to remove the dogs from the development within 48 hours.

The HDC alleged the couple was in breach of covenants of their deed of sub-lease, specifically the clauses which relate to nuisances and the prohibition of keeping animals unless permission is given.

The application said the couple had twice been asked to remove the dogs but did not.

The HDC said it had received numerous complaints from residents at the development about the dogs, including one about a near-attack on children in the development.

The HDC was represented by attorney Ravi Heffes-Doon at the virtual hearing. Allen appeared before the judge himself.