My akita got out...and a new neighbor had her puppy out and my dog ran up, scared the lady, she yelled,he ran home. The neighbor called animal control...her dog was not hurt and the hoa is telling me 5 days to get rid of my dog. what to

Don't worry about it. You've the grandfather's right. I have the same kind but not exact situation. I've a pet around 47 lbs. when I brought my complex and I've been living in there for 11 years. There has no rule about the weight limit. 2 year's ago, my next neighbor moved in and starting complaining about my dog's barking and weight limit. I checked that I have the grandfather's rule and they can't amended the original rules & regulations at the time when I moved in. Because it won't affect me. Eventhough, we are in court, we will easily win. They can't ask an old timer to move out to fit the newcomer's need.

I would move immediately!

What does the HOA document say on the subject and under what part of the document are they exerting their authority to have you get rid of your dog?
What's the appeals process?.

It seems there may be more to this story then you'd like to tell us, the HOA does not remove pets if the pets have not bitten or attacked another animal or person.
And the attack must be proven, IE: bite marks.
That is....if you were allowed to have a dog of this size to begin with, I am laying odds, your lease states no dogs, or if dogs are allowed they must be of a height and weight restriction which the Akita is most certainly in violation of.

First, check your Rules and Regulations or similar document that the HOA would have provided you with when you first moved in.

It is highly unlikely that the rules would allow the HOA to mandate such a drastic action as for you to get rid of your akita.

Check the rulebook, then respond with Certified Mail, keeping a copy for yourself, that the HOA has over-stepped their bounds (if that is the case) and that the HOA has also violated your rights as a property owner, and as outlined and guaranteed by the U.S. Constitution and its Amendments.

Notify the HOA that they have no authority to order the removal of your dog, and that you are looking into the violation of your rights. Tell the HOA that you will be contacting a Constitutional attorney and that you will get back to them on this important issue of their usurpation of your property rights.

Then, or before, consult a competent property and/or Constitutional attoreny about this matter.
--ProAnnouncer