Homeowner's Petition

Started by JudyU • 10 replies • 1630 views

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JudyU (Florida)
Posts: 2

Posted:

My HOA is in Florida and we have a Board Member who keeps a dog in her garage, in a cage. Numerous people have called animal control, but she lies her way out of it. In frustration, homeowners signed a petition to change the bylaws to state that no animal can be kept in a garage. Garage temperatures in Florida tend to reach over 100 degrees during the summer months.

Anyway, the Board said we needed 114 signatures to change the bylaws and are including foreclosed homes in that number. They said we had to get the banks to sign our petition. They also intend to send the proxies out with a letter stating that they are against the change. Is that legal? The homeowners are considering hiring an attorney, but the Board will use our funds to defend themselves. Any comments are appreciated!

Frustrated in Florida!

PetunkaM (Florida)
Posts: 1,009

Posted:

Judy,

Florida is cracking down on owners who leave unattended pets in cars without proper ventilation or no way to get out of the heat.Some counties may be also forcing pet owners who leave their dogs outside for most of the day to have an enclosure measuring at least 100 square feet. Perhaps you can check your county regulations and include that language in your Rules and Regulations. Personally, I believe, it would be more appropriate and much easier to do than amending the covenants.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why change the rules when laws already exist? This doesn't sound like something that should be written into your documentation as they don't override county, city, or state laws. Instead, I would keep addressing it with the county and animal control. I don't know the conditions or the type of dog etc...Crate training isn't against the law and recommended way of keeping pets. So I can't argue with the cage is anything cruel. I don't know the type of garage if it is enclosed or exposed. There could be a fan placed inside or other cooling method not seen.

The dog isn't out roaming around and biting people. It's not really a danger to anyone. Rules against pets are typically about prevention of dangerous animals not animal cruelty. I am not sure what "lie" is being told if animal control sees the situation. I've worked with an animal control person in our HOA with issues, and they wouldn't ignore a situation like this if there were laws broken. You don't even know if they didn't give them a citation and they just aren't acknowledging it.

I am not defending what the owner is doing but it's not a clear case of animal cruelty. It's one of those fine line things that just has to keep walking that line until it gets off balance.

Former HOA President

PeterD3 (Florida)
Posts: 708

Posted:

Not sure if you can do this by petition in Fla. I believe FL 720.303(2)(c)(2) (quoted below) addresses the procedure required when promulgating [new] rules regarding parcel use (i.e. personal/private property).

"2. An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting."

JudyU (Florida)
Posts: 2

Posted:

I am not against crate training myself. The garage door is cracked about one inch. It is an enclosed garage without ventilation or a fan. Even a fan would blow excessively hot air around and would be of no help. As for animal control, the owners lies and tells them the dog is only in the garage at night and is never there during the day. Everyone in the neighborhood has seen the dog in the garage at various hours of the day. Our City is cracking down, but 83 homeowners want the rules changed so that we never have to see this abuse on a daily basis again.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JudyU on 07/21/2011 7:13 PM
I am not against crate training myself. The garage door is cracked about one inch. It is an enclosed garage without ventilation or a fan. Even a fan would blow excessively hot air around and would be of no help. As for animal control, the owners lies and tells them the dog is only in the garage at night and is never there during the day. Everyone in the neighborhood has seen the dog in the garage at various hours of the day. Our City is cracking down, but 83 homeowners want the rules changed so that we never have to see this abuse on a daily basis again.

If the garage is fully enclosed, how does "everyone see" the dog in the garage at various times during the day?

Is it possible that the dog is not continuously in the garage throughout the entire day?

If there are several witnesses and if there is evidence that can be seen from outside that the dog is in the garage, why not videotape it? Make sure you do it from a public place (ie. a common area) or from your own property, or property where you have permission to be, and make sure the tape includes evidence that it was taken during the daylight hours (pan up to show a portion of sky, for example). You would also have to show that the dog was there for extended periods of time.

And before anyone jumps in here, it's not an invasion of privacy to videotape someone or something as long as it is done in a place where there can be no expectation of privacy.

PeterD3 (Florida)
Posts: 708

Posted:

Bruce as one who employs conspicuous video surveilance cameras at my home I agree with most of what you say. But I believe you are skirting the "safe side" of the law by implying I have no expectation of privacy in my garage.

This, IMO, is analogous to saying it's OK to video/photo me through my windows.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By PeterD3 on 07/22/2011 6:10 AM
Bruce as one who employs conspicuous video surveilance cameras at my home I agree with most of what you say. But I believe you are skirting the "safe side" of the law by implying I have no expectation of privacy in my garage.

This, IMO, is analogous to saying it's OK to video/photo me through my windows.

Yes and no.

If your garage is fully enclosed but the door is open and anyone can see you from the street, you have no expectation of privacy. Similarly, if somehow it is possible for anyone to "see" the dog in the garage from the street, then it can be photographed (or videotaped). What cannot be done is to trespass onto the property and take a photograph or videotape by peering the camera through the partially open dour, or through a garage window. This is why I said it has to be able to be done from a common area or from property where the person videotaping has permission to be.

SrvN1 (Maryland)
Posts: 21

Posted:

Quote:

Posted By PeterD3 on 07/22/2011 6:10 AM
This, IMO, is analogous to saying it's OK to video/photo me through my windows.

In a sort answer yes - if you as a homeowner are not doing what you can to cover your windows [blinds, curtains...] and I can see what you are doing in your residency from common area - than you have no reasonable expectation to privacy.

TrevaP (Florida)
Posts: 1

Posted:

Just wondering if your neighborhood is in Haines city? I live in a neighborhood where the same thing is happening I may have some helpful connections and am going to try and get some help for that poor chow trapped in the cage in the garage it outrages me as as a doglover and a pet professional. I Googled to check laws and your thread was the first to come up I would like to help any way I can.

EdC5 (Florida)
Posts: 117

Posted:

We've had the same problem with one of the renters in my neighbourhood in Davenport.

Edward J Cooke, CMCA, LCAM

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