Dog in Common area - CC&R Violation

Background;

Unit owner got small dog which from the beginning about 9 months ago she has allowed to run around the common area unleashed. All the unit owners love the dog and I didn't call out the CC&R violation for not leashing the dog because this unit owner is the only one doing a ton of work around the property. She literally redid all our landscaping on her own time and in some cases with her own money. The Board knew about and approved the landscaping work.

The problem is two fold. 1) Occassionally when exiting my patio myself or my family the dog will rush us to greet us 2) and last weekend I had cats in my private enclosed patio and the dog rushed our patio gate out of "curiousity" and tried to go under our enclosed patio gate. I had one cat go scrambling into the house and slamming into the open door. This was my private patio and the dog was in the common area.

Our CC&R's are very clear on the subject about leashing dogs so I e-mailed her to ask her to start leashing her dog and what I got back was not surprising. I then responded back.

She is on the Board of Directors as am I. My concern is that she and the other Board member will not vote for her compliance. What then are my options and based on the CC&R's and what are the options:

Below is the statement of CC&R's and the E-Mail thread between myself and the Owner

CC&R THREAD

PETS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept in or upon any unit or in the Common area except upon specific approval of the Board, except that a Unit Owner shall be allowed to mainain a reasonable number of household family pets, so long as a pet does not annoy, molest, or inconvenience any other Unit Owners, guests or othre pets and provided that such pet or pets shall, if and when declard to be a nuisance by the Board, forthwith be removed from the Project. Dogs must be "curbed" and kept onleash at all times while in the Common Area. Each Owner of a pet shall have the responsbility of removing his pet's waste matter from the Common area. Any inconvenience, damage or injury caused by such household pet or thereof and said Owner does hereby indemify the Association, its Board of Directors, officers and the manager and its staff and agrees to hold each of harmless from and against any and all loss, cost, liability and expense of any kind and nature arising out of having pets within the Project. Notwithanding the foregoing, pets shall not be permitted in the courtyard, except for ingress to and egress from the Units.

EMAIL THREAD WITH OWNER - Top most recent

DOG OWNER, thank you for response and I will bring-up at our next meeting. I do want to reply to your responses here via email so you know my thoughts on it.

1) I think you meant in the second to last sentence in first paragragh being unleashed if you monitor him. If you meant leashed while you are monitoring him then we don't have an issue as you are leashing him all times when on the property but this is not the case.

2) It is not a matter if an animal gets along with or without a unit owner or if they want to vote that they are OK with any animal on the property and this should have been brought up right from the beginning when you got your dog, which is my fault for not doing so, but our CC&R's are very clear on the subject of Pets. See Article XI Use and Occupancy of Units and Commn areas. Section 6 Pets. In this section it indicates dogs must be "curbed" and kept on leash at all times while in the Common Area...Notwithstanding the foregoing, pets shall not be permitted in the courtyard, except for ingress to and egress from the Units. As a note Lynn had an even smaller dog then yours and because of our CC&R statement about leashing at all times etc... she was required to leash her dog at all times when exiting her unit even though she too wanted to have her dog running around supervised.

Also, I go back to the concept if someone else as an Owner or a Renter comes onto the property with a dog and it causes issue with any other Homeowner but not others how does the Association Board deal with it, whether you or I are on the Board or not, given how you've been allowed to have your dog run free. The leash law and the section of our CC&R that addresses this very specifically helps define the issue so a Board doesn't have to make such a decision.

3) While the RP&P's can be easily modified the CC&R's can't. Regardless, the leashing component of the CC&R can't be changed as it would conflict with City of Los Angeles leash laws.

4) "If I spend all the time doing the plant maintenance, I should be the one that should have the biggest issue with dogs defecating. Cats roam the property defecating everywhere and I clean all of it up. I'm very attentive when he does pee somewhere and I immediately wash it down or clean it up. " While this may be true it is irrelevent.

5) "If we need to modify the rules to allow dogs in the common area, then that's the alternative as long as they are monitored, and pose no danger. Him rushing to your gate did not pose a danger, he saw a cat and was curious."

See above about CC&R modifications. What defines danger, what defines annoy, molest etc.. It is an individual subjective interpretation in some cases. In this case it is your opinion on the danger. I saw it is if for some reason my gate was unlocked the dog would have been able to get into our property and we can both have our opinion what would have happened next. What you didn't see was one of my cats flying out of my enclosed patio into the house and slamming into the open door when your dog ran to and tried to go underneath the gate. What you saw was one cat standing there looking at your dog. Am I now unable to bring my cats into my private patio out of concern just because your dog saw a cat and was curious.

6) "Your patio violates rules with decor on the walls, and nobody complains. I see it from my upstairs window so it is visible. Everything is not about strict adherence to rules as long as its within reason and everyone is respectful and courteous."

Yes, definately we don't have strict adherence to rules at this Association but where do we say when there is an issue we ask for complaince. I know we don't enforce window shade coloring, guest parking, oil in parking spaces, parties that occur, etc...

Please inform me which decor violates rules and I will bring myself into compliance. I cannot call someone else out on CC&R compliance if I am not in compliance. But before you do if the non-compliance is the hooks in the North Patio then please understand these where formerly approved by the Original developer as I moved onto the property in 2004. I did have additional installations of stuff on the walls that was approved by the Developer but was problematic for the HOA Board of Director's. In early 2005, the Board of Director's approved the hooks but requested that I take down all other material on the walls and patch and repaint the walls which I did. Also note, that I went in front of the Board of Directors and the then Property Management Company with two non-property owners with written statements by them that the hooks were installed and approved by the Developer as I move into the property the month of June 2004. Thus, the reason I have the hooks in the wall and still use them as they are now considered part of the property.

Thanks,

ME

From: DOG OWNER
To: ME
Sent: Friday, October 5, 2012 10:49 PM
Subject: Re: Issue

My dog walks every morning at 6:30 and defecates outside. He spends 5 days a week at my moms house from morning to night. We walk to the garage with him leashed and come back from the garage with him leashed. The only time he is not leashed is when I'm on the property doing yard work and I like him hanging outside so he gets fresh air and hangs out on the grass. I see no problem with him having to be leashed if I'm monitoring him. He is friendly with every unit owner, from #1, # 2, # 4 and nobody seems to have a problem except you.

Please bring it out openly. I feel there would be no opposition from anyone else. If I'm wrong, then he will be leashed.

If I spend all the time doing the plant maintenance, I should be the one that should have the biggest issue with dogs defecating. Cats roam the property defecating everywhere and I clean all of it up. I'm very attentive when he does pee somewhere and I immediately wash it down or clean it up.

If we need to modify the rules to allow dogs in the common area, then that's the alternative as long as they are monitored, and pose no danger. Him rushing to your gate did not pose a danger, he saw a cat and was curious.

Your patio violates rules with decor on the walls, and nobody complains. I see it from my upstairs window so it is visible. Everything is not about strict adherence to rules as long as its within reason and everyone is respectful and courteous.

I don't let him wander around alone and I always clean up after him if he does use the bathroom in the common areas.

Thanks.

Sent from my iPhone

On Oct 5, 2012, at 10:14 PM, ME> wrote:

Name,

I really don't know the best way to broach this subject as I'm uncomfortable discussing it as you have done so much work around the property. I wanted to have a private conversation with you so as to not to bring it out in the open out of respect for the what you have done for the HOA. I'm sending this via email because I feel I can communicate it better via email and then if we need to have a verbal conversation we can.

Well here goes: The issue is about your dog not being leashed when in the common area and using the HOA general area for deficating. Both of these actions are against our Associations CC&R and RPP policies regarding animals on the property. In the past when a unit owner had a dog the Association following the CC&R's required the Unit Owner to have their dogs on leashes when exiting their Unit and not allowing the dogs in the common area. Also, if someone else comes on to the property as an owner or renter and wants an animal roaming the general area we couldn't say no since you are currently doing so or at least we would have to immediately turn and say both Owners had to comply. I also wasn't very comfortable with your dog racing to our gate and trying to go underneath the gate when my cats were in our patio.

I hope you can understand that while I appreciate all the work you have done I have to ask that you work toward leashing your dog when in the common area and going off property when the dog needs to deficate. If you feel there is an alternative then let me know.

Thanks,

Yes, the rules are clear about unleashed dogs. But, enjoy doing the landscaping around the community. Since you're hanging out on your patio with the cats, you'll have time for some gardening.

John is right about a city or county leash law. It is very likely that you can call Animal Control and have them take away an unleashed dog.

Once a dog owner has to pay to bail their dog out of the pound, they will be much more likely to obey the leash law in the future.

I think that usually the city doesn't have jurisdiction over the HOA common area in terms of the leash laws. In many cases the CC&R are more restrictive in regards to pets than the city/county.

For instance, in one city dogs can be off-leash in an unenclosed area as long as the dog remains on the owner's property (or is in a dog park). In a neighboring city, any time a dog is in an unenclosed area, the dog must be leashed.

That cat issue is real and if people are allowing their cats to run free, that will only make dog owners unhappy (over the unfairness) and the gardeners unhappy with all the cat poop. Bird owners might find their best friend has become a meal for kitty (this happened when my roommate's cat ate a neighbors bird (same apartment complex) and beat other cats up for their food.

Are there any other animals running around off leash besides this particular dog? Big or small, that doesn't matter and that includes the pets of guests. If the board decides to enforce the leash rule, it has to be consistent and once you start enforcing the pet rules, you probably should enforce them all, including the pick up for both cats and dogs.

There are actually cities with cat leash laws or cities that are considering cat leash laws. They have a hard time enforcing cat licensing laws in most cities.

Unhappy neighbors or cruel kids can trap or catch roaming cats and do whatever.

Dear Mrs Fauntleroy

I am very worried about seeing little puppy fru fru out and about without being on a leash. I worry, because as a small dog, she is very difficult to see, should she suddenly dart into traffic. It would be a tragedy should she suddenly run through the holes in the gates, or across the sidewalk, and be struck by a car, and I know those things can happen in an instant! I had friends once, with a great dog, never kept him on a leash because he was superbly trained, voice command, would sit and stay and lie down with just a whistle from the owner. But, one day, a cat zipped past the dog, and it, instinctively, gave chase, and ran right out into the street, where it was hit by a UPS van. Driver didn't even see the dog, it happened that fast.

I would hate that to happen to missy princess darlingbutton, so would you please, for her sake, try to keep her on a leash? It would be such a tragedy to have to tell my children why Missy princess fru fru was no longer around, and have to explain to them how such an accident had occurred, and how bad you must be feeling, having known the right thing to do to have prevented it, but having decided not to. I mean, my friends were heartbroken, knowing that something as simple as obeying a leash law could have given them another ten years with their beloved dog.

And even worse, the UPS guy sued them for shock and distress, and damage to the company vehicle, and won, because the city they were in (like ours) had a leash law, and the judge just said "you broke the law, and in doing so, contributed to the accident. Guilty." It was horrible on them, a year after losing their best friend, to have to go through that court trial and lose again.

So, as a neighbor, hopefully a good one, I would like to enjoy Missy priss for a long while, and I know that the best way for us both to have her in our lives would be to keep her safe and sound on the end of a leash when she is out and about playing in the common area. I hope you will take time to think about this, and do what you can to save her life.

Well, she wasn't too happy and tried to throw it back in my face as I'm the culprit and indicating its not that serious. I was expecting this but I'm weighing how to pursue this. I don't like idea of her indicating we will deal with it later if new owner comes on board. Also you can see from the information below that she was not apolegitic to what happened to my cat when her dog rushed my gate.

ME TO HER

I hate that this is going to become a "spitting" contest between homeowners. But our CC&R's are clear on the subject and any City, County or State laws or regulations we are legally bound to follow. If it is brought up to the Board a violation of any of these laws and the Board votes to ignore it then legally the Board is subject to lawsuit for violation of its fudicuary responsibility to follow the laws. A Board cannot make-up its own laws or chose to ignore them. For leash law see http://animalcare.lacounty.gov/lawsordinances.asp

I blame this issue on me because I knew about it and should have brought up right from the beginning as it now looks like I'm trying to pick a fight with you. I'm not looking to start a fight, argument etc.. with you but because I didn't bring it up from the beginning it now looks like I'm targeting you and I'm not. I would have called this issue out under the same circumstance against any homeowner. As far as bothering anyone yes I have to say it does bother me as previously stated.

Can you give me an example where I'm been make a huge issue of of something that I should look the other way? The only issues that I'm aware of that I've been part of have been noise issues and excessive guest parking issues.

We'll leave it at that and we'll discuss at our Board meeting.

Have a good weekend.

From:Her
To: Me
Sent:
Subject: Re: Issue

I don't think the leash law of the city of Los Angeles applies to our common area. If it does, let me know.

Instead of you being happy that the environment of our association is harmonious and balanced now, with homeowners the are friendly, clean, pay dues, and respect each other, you always find something to pick on.

The dog running around the common area while supervised does not endanger or bother anyone. Everyone here sees me as the person who cares more for the common grounds.

When a future owner or renter comes onto the property, that will be addressed then.

The incident involving your cats was one incident. Whether I had the dog on a leash, he still would have run up to your gate as I didn't even realize there were cats there. And your cat would have still slammed into the door as you indicated is what happened.

It's not that serious, and you always make a huge thing out of something that should be looked the other way because we all share the common grounds here and are in close proximity we. There shouldn't be strict adherence to rules and making exceptions are discretionary.

Everything needs to be looked at on a balance scale. And that is why I am opposed to an association fee increase and I don't have to prove you wrong as indicated in your email. I have no 'personal situation' about having an inability to pay, it's just when you look at what our complex offers, the dues are high. As long as bills are paid and money is deposited for reserve, were doing our job. It doesn't have to be the full recommended amount as the study indicates. Even the management company reduced the funding in the reserve as its probably something that's commonly done.

From my experience, animal control would hesitate to enforce a leash law on a HOA because the other way to look at it is that the HOA is private property and as an owner/member, it is a member's property. It's more like if you co-own property, then each co-owner can consider it their private property.

Missed the part in the original post about it being in Los Angeles County.

LA County animal control has a lot of area to cover with a comparatively small staff.