Lawn Damage From Dog Urine

Hello,

I am seeking help in understanding my rights regarding a fine for a violation. I own a dog and there are a 3-4 small brown spots that is from dogs eliminating urine on the lawn. I have researched this issue, and while my dog has urinated there, I am sure. I am not the only dog owner in my building. Also, many other dog owners walk their dogs near my unit. However, I am being charged $150 for this and I do not agree with this fine. I disputed this and got a response that they have deemed the fine valid. I asked for a picture, and this is what they sent me. I sent another email, and property management company says they will send it to the board for review again but the decision is not likely to change. I would like to know what course of action I should take to pursue this further. What is the due process for disputes of violations. Here are the ideas I have been exploring:

Petitioning
Small Claims Court
Class Action lawsuit (depending on results from petitioning)

I live in Oakland County Michigan. and my community does not offer a specific area where pets can eliminate waste.

I would greatly appreciate any input. Because I feel like

Warm regards,
Kris

Couple of questions:

1. Where are the dogs supposed to urinate? Is there a space designated for dog urination? Poops can be picked up but urine cannot.
2. You admit your dog urinated in that spot. While others may be guilty of the same infraction, why do you think that if they are guilty, you are not?

They have not designated a space for dogs to urine, and the bylaws state that I am responsible for any damage caused by my pet in addition to fines. They are considering this damage. I wish I could upload the pic to show you how petty this is.

Last year they made an amendment that all pet related violations would result in an immediate fine of $150. They still expect me to have the lawn repaired.

Why are dogs urinating on the lawn? Cannot the dogs be walked completely "off" the property?

So are they fining the action (urination) or the result (dead grass)? And how did they determine you were guilty? Did they conduct a soil sample showing higher amounts of urine-related compounds to be the cause of the dead grass?

And is it legal to have different fines for different things? Would that be like establishing fines for different classes of owners? Must the fines be the same for every infraction?

How can they possibly know that the dog urine is from one dog or another? Do they have pictures of your dog urinating?

They do not have proof. No one has called in to complain, and they don't have pictures to prove that it was my dog. their only arguement is that these spots are "directly in front of my unit" but still 20 feet away from my unit.

And even if they did, I don't really understand how that would be a valid fine still. I pick up my dogs feces and the addendums and bylaws are very conflicting and vague regarding this. We do have fine schedules, but earlie in the year they decided that anything pet related is a fine of $150, regardless of number of offenses.

Do you have a copy of your CC&R's and your R&R's? If so, you probably should read through as ours says you have to be given a notice and a hearing. If you don't have a copy, you should ask for it so you know what your options are.

Hi,

Here's something to consider. When I lived in a HOA, even before we had dogs, there was an animal waste problem. What do I mean? Feces from some type of animal had to be picked up from the back lawns in our gated community.

The feces were not tested, but there were fewer of them when we put up a mesh on the gates. HOWEVER, this did not prevent them entirely. That means there were likely cats and raccoons involved.

Urine will cause nitrogen burn spots. Can the HOA really prove that it is even dog urine causing the burn?

Are there cats that roam the neighborhood? Could they also be marking spots on the lawn? If you have wildlife such as raccoon (and there was an excellent special on raccoon survival in urban areas that was on PBS), and your neighbors have cats as well, then your HOA should consider nitrogen burn a matter of regular lawn maintenance.

I am guessing that as with most neighborhoods, you have little or no control over roaming cats.

Also, if you know that you are not the only dog owner in the building or in your HOA, then you should make an effort to contact the other owners. If the other dog owners are also being fined, then you should look at your CC&R as well as your state laws. In California, there is a civil legal code about a HOA being a non-profit and the fines should not be a source of income or be over the actual amount required to rectify damage. So if your HOA is collecting fines from every and all dog owners, this would be a problem. Further if it is the case that you are the only dog owner that is being fined, then you may have a case for arbitrary enforcement of codes.

So at this point, you need to do some research. You might also look at the contract your HOA has with its garden/lawn contractors. There are things that are a part of regular maintenance. This should be one of them since it would be hard to prove just who or what is responsible for the nitrogen burn or if it is indeed nitrogen burn. A good lawn contract should include regular maintenance and reseeding.

Here's the code for no excessive fees: 1366.1. If you look it up under California codes, then you might get an idea of the language/search terms you can use for a search in your own state.

How can it be shown that the spots in the lawn are from dogs? There are other causes--grubs, for instance. And grass diseases.
This is an overzealous regulation. Lawns can't always be perfect. In fact, they usually aren't.

For the best in Doggie Urinals please contact....wait...SPAM.....LOL

I just returned after two months. There was a large spot by the sidewalk. I started treating the spot with a dog repellent and also asked 3 different yardmen their opinion. One said a dog, one said a rabbit and one said spilled gasoline. I saw little progress in a week so I sprayed with fungicide and insecticide. The grass immediately started coming back. Then, a few days later a very large grub worm surfaced. The grass is almost all green again. Tell them you want proof.

It depends upon the time of year and season when the brown spots started for grubs. The gardeners if they are really knowledgeable should be able to identify.