Aggressive dog

I am President of a small Townhome community in NC.

One of the owners shares his unit with someone who has a Great Dane that is 2 years old and not neutered. Yesterday, the dog got out of the unit - apparently they did not shut the door properly. The dog ran loose for hours, charging at anyone who it saw. The unit is at the edge of the property, along a city street and sidewalk, as well as near a school bus stop.

Apparently the dog charged another resident as she was going to the mailbox and knocked her down. She was very frightened and shaken up but not injured otherwise (that I'm aware of). As soon as this was reported to me, I called the police to report the dog running loose and charging people. I also notified the person who was knocked down and asked her to also file a report. Then I notified the owner of the property. His response was 'Oops, my room mate must not have shut the door properly"

We have not ever had an incident with aggressive animals. We do have a policy about retaining control and fines if they are not, however, these were geared towards people not having their animals on a leash and allowing cats to roam. Our covenants are not much help in this situation - nothing really about what to do with aggressive dogs.

What can we do here? I've got to ensure that the community remains safe, however, I also want t make sure the HOA doesn't violate any laws. Can we require the dog be removed?

thanks in advance!
Toni

Toni,

If the dog gets loose again, call Animal Control and have it picked up. Be sure to tell the officer where the dog lives so they know how to contact the owner. It gets pet owners' attention when they have to walk through the police station to claim their pet. This strategy worked in my neighborhood in the past. it's a legal issue where the HOA or any property owner should call police to handle it.

Thanks Kelly. The Police and Animal Control came out yesterday but did not take the dog. I am trying to Cover the HOA's behind here. There are too many kids in the area and any dog that shows aggression is problematic. We do have a policy for our community that animals must remain under control of their owners and have a fine system in place when they are not. We can go that route for this incident - the owner the unit where the dog lives is rather blase about it.

One person's aggressive in a dog is another person's play activitity. Knowing multiple breeds of dogs and their temperment, Great Danes typically are not aggressive type dogs. The dog is just really big and probably did knock the person over due to them wanting to "play". I've encountered many "Big" dogs who will jump up on a person to kind of knock them down but because they don't know their own strength. That may be considered by some as "Aggressive" but it's not necessarily.

Aggressive behavior is one of intentional growling, head down in an attack stance, and intent to bite. They are typically dogs bread to be watch dogs. Those breeds would be Pit Bulls, German Shepards, Doberman's, and Rottweilers. Hence why they are used in law enforcement or in dog fighting rings. Insurance agencies do keep a listing of what they deem aggressive dogs and can charge additional money for having one of these designated aggressive breeds. Typically I have never heard of a Great Dane being on this list.

The dogs most considered most likely to bite and be aggressive are NOT even big dogs. The Daschund, Chihuauh, and Jack Russell dogs are the top of the list of dogs most likely to bite! So don't assume size is a factor in "aggression".

I am a dog lover and would not want to see someone lose their pet because it got loose and scared a few people who didn't understand it. The owner should bring the dog around on a leash and let people meet the dog when it's under control. It may relievaiate some fears if it's understood that a loose dog is not always the kindest dog. It was a mistake it got out.

Glen, rather than chide me for making a 'federal case' out of something I don't have experience it, it would be far more helpful to either refrain from commenting or at the very least offer something helpful in what is and is within the HOA authority relative to this matter.

Melissa, does it matter what breeds are typically on a 'list' of being aggressive? Any dog can be aggressive and dogs that are reputed to be aggressive can be teddy bears. My question is what authority does my HOA have in this situation - you and Kelly have offered advice for that and it is appreciated.

thank you.

It has to be in your documents about dog limits and fining ability. You would have to develop a "Fining schedule" to enact rules against dogs or other violations. Since I assume your HOA does not have such references, this could entail an update/changes to your documentation. Which how to do it is all in your documentation. It's not cheap, requires a lawyer, and majority vote of the membership. It's a good thing to do every 5 - 7 years anyways to keep up with the changing technology and what rules your HOA may want to live under. However, dog/animal restrictions may be a hard thing to get passed if you undertake it. It is still best for Animal Control to undertake this issue and the HOA stay out of it.

BTW I had my own terrifying experience with a loose dog. I was out walking my dogs who are part chihahau/datchund and the other beagle/jack russell mix. All mixed breed of what is considered the most "aggressive breeds" LOL! However, a renter's dog got loose and was without it's collar. It was a tan short hair German Shepard mix that came up past my waist. I knew this dog was aggressive. Knowing dog behavior I hurried up to get my dogs inside the house calmly but fast. Unfortunately, this dog had decided to run/lunch toward me and my dogs on leashes. I was lucky enough to have had gotten into my doorway and slamming the door. It was NOT to my relief to find that my dogs were NOT inside with me! Instead they were on the other side of the door with the dog!!! All I heard was growling, barking, and my leashes going up and down the door crevice! It was about a minute later the dog's owner showed up and called the dog off. I felt like the worst dog mother in the world! Luckily my dogs were okay.

So I can understand one's fear of dogs. However, I also know to call Animal control who are trained professionals who are experts and have the legal authrority to do something. Which is what a HOA should always do.

Police issue, not HOA issue.

I'm glad that ended without harm to you or your dogs. I'm not a dog owner, but am also not bothered by them in general. I don't like to be jumped on by any dog, friendly or otherwise though! There are many people afraid of dogs and it doesn't matter the size or breed.

While it may not be the HOA's responsibility, it would be tragic if the dog did harm someone or their animals.

We have a two layer system:

1. The Town's Animal Control Dept.

2. Our Assn's "Noxious Activities Rule:

"Noxious Activities Prohibited. No illegal, noxious or offen- sive activities shall be carried out or conducted upon any lot, nor shall anything be done within the properties which is or could become an unreasonable annoyance or nuisance to neighboring property owners. C&RS Article VIII, Section 1(c)."

Works pretty well.

Paul T

Thanks Carol.

aggressive as in:

barking, growling, snarling, biting, attacking?

or

aggressive as in:

'yipping', jumping up/onto and licking/playing?

while a friendly jumping great dane may be a huge (pun inteneded) nuisance/annoyance when accidentally let out ..... it may NOT be actually aggressive/vicious/threatening

if a great dane were to attack .... there would be no doubt

mountain molehill, both start with m [as in mind your own (corporate) business, BOD]