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MelissaH3 (California)
Posts: 4
Posted:
I have a 4 month old puppy and 3 weeks ago, the association just changed the rules that, "All dogs must be walked/curbed on the outside of the property/courtyard." All units are 2 levels and each 2 level have their own door that opens up to this outside grass courtyard. My unit is smack dab in the middle of the courtyard and for my husband and I to get to the back of the building, we have to walk through the courtyard to the nearest exit/entrance. Because our puppy is not housebroken and not leash trained we initially were just taking her out onto the patch of grass that was in front of our door. A week later, we received a warning. My husband and I both agreed that we broke the rules and made a 110% effort to bring her to the back parking lot. Because our puppy is not leash trained or potty trained yet, we carry her to the back to avoid her from going in the front courtyard. Then on the way back, we try to walk her, although slow going because she's still learning, back to our unit. Then a couple days ago, we got a $25 fine stating, "you have been fined $25. Someone saw you walking your dog in the courtyard". With a lot going back and forth, we couldn't understand how we could get our dog to/from the the back without walking our dog through the courtyard. A few emails were sent back and forth explaining our frustration so the property manager then called us and said that someone saw the puppy doing her business in the courtyard. I had wrote a letter of dispute explaining that ever since we got the warning, we tried extremely hard to follow the rules and said that our puppy will always stay on the path and since the warning never done her business in the courtyard. Now I guess I shouldn't have stated NEVER, because looking back now, I'm sure there may have been 1-2 instances where it was out of my control that when coming back fr our puppy doing her business, she ends up having to do some more--BUT I've always picked up after myself. I kind of think of like this....if we lived in a condo high rise, everyone would know that your dog isn't allowed to do their business in the building---BUT if someone's new puppy, on the way down in the elevator, went accidentally, would that person really get fined?---I'm thinking as long as they clean after themselves and they are making the effort to take the dog outside, then it should be ok...well thats my take on it.

I want to make my voice heard with the board in that there are going to be times where its impossible to control a puppy's bladder and no matter how much time and effort my husband and I put into potty training our dog, there will be accdidents. Does anyone think we have any merit in disputing this $25? I know she's going to have an accident again and I don't want to have to keep paying this $25 fine!!!

JohnB26 (South Carolina)
Posts: 1,569
Posted:
I want to make my voice heard with the board in that there are going to be times where its impossible to control a puppy's bladder and no matter how much time and effort my husband and I put into potty training our dog, there will be accdidents. Does anyone think we have any merit in disputing this $25? I know she's going to have an accident again and I don't want to have to keep paying this $25 fine!!!


Control YOUR pet, no one wants YOUR pet's defecations where they are not permitted.

YOU broke the rules (albeit with good intent) - YOU pay the fine.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
I dont know what to say....

$25 fine for pees/poop in courtyard.
Your dog pees/poops in the courtyard.

Looks like you will be paying the fine.

You could argue the only way to leave the building is to exit through the courtyard and that you should only be fined if the dog pees/poops in the courtyard. And promise you will always clean it up. This is no guarantee you will not get fined in the future.

PS. Its likely a neighbor who does not like the dog is turning you in. It's probably barking when your not home and disturbing them which causes them to spite the dog and turn you in.
MelissaH3 (California)
Posts: 4
Posted:
Yes, I know that in the end, we will probably have to pay the $25 as rules are rules. I understand that no one wants an animal defecating on their grass. I could end it right now and pay the $25 or go in front of the board and give them 2 reasons to drop the fine and if they dont, I guess at least they've heard my side of the story: 1. that we have made every effort to get our puppy to do her business in the designated area and 2. that we hope that they have some compassion towards a puppy, sick dog, or old dog, that there are going to be situations that the owner cannot control. She is a puppy and just like a baby, there is no controlling their bladder. Or maybe I shouldn't waste my time and just keep getting fined. Oh, I don't know. My husband just wants to drop the whole thing and pay it.

Yes, we believeit is one neighbor who has turned us in. She has turned in other neighbors for other dumb reasons. She litterally looks through her window and waits for someone to turn in. So annoying. She is also on the board Our puppy doesn't bark. We specifically got a Frenchie for that reason. We probably would have been fined already if it was due to barking.

Thanks for your opinion. Much better than the one before yours!
JonD1
Posts: 2,350
Posted:
So YOUR dog crapping on the common property is a "dumb" reason to send you a fine??? Amazing.

The other residents should do what just learn to live with it???

You decided to own an animal and live under the rules of your property. Either do that or pay the fine and any future fines.

If not don't have an animal.

And to compare your puppy with an infant child is nonsense....

Why is it so difficult for some folks to understand that rules are rules and they apply to everyone not everybody but YOU because you have special circumstances?

MelissaH3 (California)
Posts: 4
Posted:
80% of the homeowners are dog owners. It is only 1 person that has problem with it. The courtyard is outside and up until now, there wasn't an issue as everyone was picking up after themselves. I never said that my dog doing her business OUTSIDE was a dumb reason to be fined. I agree with the fact that there are rules and if after the board hears what I have to say they still want us to pay, I am fine with that. I am all about being reasonable and to have a dog NEVER do their business outside as they are coming up to my property fr the outside is UNREASONABLE. We have put 100% effort in following all condo rules unfortunately ALL THINGS ARE NOT BLACK AND WHITE.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Melissa:

I would first of all suggest that until your puppy is about 5 months old, that you carry it to and from the designated potty area. After a period of time it will learn that this is the only place it is supposed to do business. When you practice walking do it outside of the HOA common area until in essence housebroke.

I would potentially recommend that you have your meeting with the board, explain that you know you broke the rule in the beginning, but have made all attempts to follow the rules since being notified of said rule broken. I would ask them how many individuals supposedly saw a breaking of the rule in which you were fined. Explain the reasons you disagree with the fine and see what they say.

I understand your frustration and there is suppose to be a reasonable enforcement of rules in an HOA. However, a new puppy really is not a reason to break the rules as they must be equally applied to all homeowners and all homeowners do not have a new puppy.

What does concern me is if there is always only one person making complaints about others in the HOA. This can lead to petty harassment and which is why some HOA’s in rules require more than one similar complaint or some kind of proof. As someone mentioned on another post most everyone now has cell phones with a camera so owners can take pictures of a supposed offense as proof regarding breaking the rules. You might also ask them exactly what proof they have that the rule was broken.

BrianB (California)
Posts: 2,820
Posted:
just for fun, you might read the by-laws and make sure the association properly enacted the rule change.

i am always leery of "suddenly changed the rule" with HOAs, because typically, HOA's are never sudden. It could be worth your while to become a little paralegal, and read your own docs and verify that the HOA took all the proper steps to correctly implement the rule change.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Get a "Potty Patch"...They are about $70 give or take. Also crate training may help. There are some companies that offer dog doo cleaning services. Dog ownership isn't easy but the rewards are great!!!

Former HOA President
BB5 (Missouri)
Posts: 145
Posted:
We would be more than happy to have you in our neighborhood !!!! We have people who walk their dogs allow them to poop in carports, on private parking, I have seen them go as far as to carry their dog to someones carport (it was raining) to let it take care of business.
MelissaH3 (California)
Posts: 4
Posted:
Thank you all for your responses. Very much appreciated!

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