Dogs Restrictions

We for the first time have mean dogs in the neighborhood. Only in one house.
Our community is made up of retired (90%) and semi retired homeowners.
Our community is mostly patio homes. Total 64.

We have written a petition which includes the SC law for vicious dogs.
The petition was approved by owners and the BODs.
Also included is a limit of 2 dogs per owner, a weight limit of 25 lbs.

We have never filed an amendment to the covenants and are not sure of the next steps. Does this require an attorney's legal docs. to file this with the county?

I have been told we would be better off to call animal control and leave it at that. This doesn't help with insurance liability.

The problem I have with this is from an insurance stand point.

Say said mean dog(s) gets loose (they have) because they are tied outside (against current HOA restrictions) and attacks someone on common ground.

At that moment HOA has a lawsuit on its hands. We have issued a letter to owner notifying him he is 100% liable for any damage or injury his dogs
may do to others. He has his home for sale but that doesn't resolve the immediate risk.

Because the HOA has knowledge of this dog risk this could put our standard rating for our master insurance policy at risk. HOA restrictions states nothing that would risk the standard rate of insurance is acceptable.

Anything that happens on common ground we are liable for is my understanding.

Anyone been through this situation?

if they are tied outside against your documents requirements .....
take appropriate action against the member of the property

else ... contact animal control and/or the assoc. atty.

how will you CONSISTENTLY enforce a weight limit?
weigh every dog annually
eg. (assume a 25# limit) a 22# dog is purchased ... as it ages it becomes sedentary and gains weight ... now it weighs 28# ... a neighbor with a grudge complains ... you weigh THIS dog and not EVERY dog ... SELECTIVE ENFORCEMENT SUIT ... etc.

you do not need NEW rules ... you need to enforce EXISTING rules (ie. 'nuisance', leash, tied up rules, etc.) and seek help from the county or local agency(s)

do you really want to 'knee jerk' react by changing CCRs for a 'percieved' problem?

what about the NEXT 'problem'?

if y'all were busy earning a living would this be an issue?

probably not, so forget about it

John, I'm sorry I obviously annoyed you with this post.

I prefer you keep your comments on subject rather than nastyness.

Your earning a living comment was not appreciated.

RobynH1

Would you be willing to provide a bit more information?

You posted “HOA restrictions state nothing that would risk the standard rate of insurance is acceptable.” In what Document is this restriction, and what are the actual words?

What do you mean by “Condo policies usually have very little liability coverage”. What do you consider “very little liability coverage’?

You also posted about dogs being tied outside (against current HOA restrictions). Where is that restriction – in what document? And what else does that document have to say about pets, dogs, etc?

I am sure someone will answer your question re the steps necessary to amend your CC&R’s (if that is the correct name of your top document).

Also I have read many arguments against using a dog weight limit restriction, along with the suggestion is that what is probably desired, is to prohibit any pets that become a nuisance, or a source of unreasonable annoyance to other residents, or any pets that are perceived as a possible danger to others or to the property.

Also if documents are amended to include “pet restrictions” existing pets are usually “grandfarthered in” – so would do little “to help” your current situation.

Robyn

If your HOA has an existing rule against such animals or this animal is in violation of your documents then the association woudl be liable no matter where it happened if it did nothing to enforce its documents. If the association has no such documents then it is not liable. If SC has a law then proper procedure would be to call the appropriate agency.

The homeowner's insuarnce may not cover him if he is breaking the law by having the dog.

Brad, Anderson, sc Anderson County

EllieD,
Sorry, this is lengthy. What I should have said was personal HO6 insurance policies that individuals carry are less in amount than commercial lines policies where liability coverage is concerned.

Keep in mind while reading Exhibit A that all decks,porches, patios are on common ground in this community.

The document I am reading from is our CC&Rs. Written: 12/1985
Use and Occupancy Restrictions
Exhibit A

Pets:
No animals other than a reasonable number of generally recognized house pets, shall be kept or maintained on any portion of the property and then only if they are kept or maintained solely as domestic pets and not for commercial purposes. No pet shall be allowed to make and unreasonable amount of noise or to become a nuisance. No structure for the care, housing,or confinement of any pet shall be constructed or maintained on any part of the COMMON AREA, and no such structure shall be constructed or maintained within any balcony, deck, patio or terrance area unless the same shall be approved in advance in writing by the Board of Directors. Pets shall be under leash when walked or exercised in any portion of the Common Area. No pet shall be permitted to leave its droppings on any portion of the common area, and the owner of such pet shall immediately remove the same. Upon the written request of any owner, the BOD shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this Section, a particular pet is permitted or such pet is a nuisance, and shall have the right to request the owner of a particular pet remove such pet from the property if such pet is found to be a nuisance or to be in violation of these restrictions.

End of Pet restrictions

if the BOD is making every effort to enforce the CCRs and the member's non-compliant dog does any damage or creates any actual injury ,,,, IMO there would be no corporate liability

again...the BOD must be actively enforcing the CCRs



any NEGLIGENCE of the BOD/Membership at large on common ground - YES

any individual action of a HO or an act-of-god - NO

if you have 'ticketed' and/or fined and/or brought a court action against the dog owner in question - NO

i know that attorneys are expensive ... but you choose to be a member of a corp., so pay up (via your dues) - the alternative to being Inc. is assumption of PERSONAL liability

if/when the inc. HOA is sued for 10,000,000 and loses YOU will NOT lose your home, only the ammenities

the corp. BOD has exactly the same fiduciary responsibility as any other corp. BOD

You should be making every effort to NOT get your hoa involved. Getting your HOA involved seems to be your first move. In many cities, its illegal to tie out your dog. This would be an animal control or police issue. I've never heard of animal control talking to your insurance company. Why the worry?

Hi Robyn:

I’m with Brad and Steve. Cities love HOA’s like yours where they are willing to take on the responsibility to enforce. Just remember it then becomes a legal responsibility and failure to enforce gives a homeowner the right to sue.

sorry if i offended

i do tend to be 'gruff'

i meant it in the sense of 'too much time on one's hands'
(myself included)

JohnB26

John C,

I figured this out on my second post.

Me thinks I walked this dog around the barn long enough.

Forgive me if I bored you to tears with this.
My intentions were in earnest.

I'm turning on March Madness or going over an play 9
not sure which but the dog is in it's house!

I'll login every now and then just to give you a scare!

Thank you for you kindness.

"Go Bucks"
Robyn

JohnB,

Ok. As I told John B, I have walked this dog around the barn long enough.

I take you comments under advisement.

Parting comment its not the dogs it the people who really do injustice to the dogs.

I'm turning on March Madness or playing 9 holes.

Thank you and good day.

I told John C I would login in every now and then just to scare ya'll.

Robyn..............with small dog that yips and yaps.