Rules for Dogs

I live in a 55+ condo complex in Northern California with 36 units built and occupied and another 84 units slated for completion within a year. I'm looking for sample rules concerning dogs.

Five occupants (all renters) have dogs. We are a very small, closely built complex; all buildings having a tiny back patio with railing looking out onto a common area. Dog walking is ruining the lawns throughout the complex - burn circles everywhere. Dog feces are being picked-up by some but not by all, in a timely manner - meaning as soon as it happens. Of course, ALL dog owners ALWAYS clean-up after their dogs. And, of course, the residents, depending upon with who they are friends, say one owner does while the other does not and vice versa. We have no dog park and no where to put one. The CC&R's allow two dogs per unit (our County allows three per household).

With these many problems with only 36 units, I can imagine what we will face with 120 units.

So, does anyone have examples of language that can be incorporated into the CC&R's that allows one dog per unit with a size limitation (15 pounds or less) so that the owner must carry, rather than walk, the dog near our lawn areas? I would like to disallow dogs altogether, but I doubt that is legal, especially considering the 55+ age.

I like dogs, I really do. Their barking is annoying, but understandable most of the time. I bought my unit because of its close proximity to the lawn areas outside my back patio and it is driving me crazy to see the grass killed.

Jean - is the builder still in control of your development, since there are 84 more to build? If so, only he can change the CC&Rs and how would that be retroactive to those who have already bought? If not, then your documents should tell you what percentage of your owners can make the change you're proposing. Would this change made by your 36 units also affect the 84 yet to build, or will they be a separate HOA?
Do read all the previous posts on "dogs" or "pets" and be prepared for some stomach churning if you get into changing these rules. Harold

Hi Jean:

Unfortunately, dog waste is a hard topic to enforce.

I talked several years ago with one of my landscapers...he said that during the hot/dry season (here in Oregon) the most effective way to deal with dog urine is to ask the owner to take along a gallon jug of water when they walk the dog; after the dog pees, pour the jug of water onto the pee spot, to dilute the acid in the urine. Even if some of the owners do this, it will help to reduce the problem. Ask owners to re-train their dog to pee on the curb (my brother's dog has been trained to do this...) and once one dog leaves a "calling card" there, it's amazing how other dogs will gravitate to the same spot.

One thing you might want to request is that your developer put up a dispenser for plastic dog waste collectors (our HOA uses "Mutt Mitts," a very good product). Make it more convenient for the dog owners to take care of the problem.

If you have a newsletter, a friendly reminder that the "right" of dog ownership comes with the "responsibilities" of dog ownership might be in order. Ultimately, if their irresponsible actions cause addtional landscaping costs, the additional cost is borne by all.

J. Patrick Moore, CMCA

Jean,

I am not in a condo unit, I live in a subdivision but I have dogs and have done dog rescue for many years so I think I have some good suggestions. I have a service pick up feces in my yard every two weeks, this costs 12$ per visit. I would think that you could pay someone and require only dog owners to pay this additional fee split between them. Also, there are dog foods out there that will cause urine to burn the lawn and those that don't, I would do a bit of research and make some recommendations to the dog owners, I am sure they like having nice grounds as well, either that or perhaps include a sod maintenance fee along with the cleanup fee which will allow for you to repair these areas in a timely fashion. I am sure that if they are all faced with these additional fees people will do more to care for the grounds. The only roadblock I see is if they are renters the lessor would have to raise the rent to cover these fees which may be contractually difficult if they cannot be changed for a certain window of time. But on the up side, if you do not want lessor's to rent to dog owners this may deter them. Good luck!

Dear Ron,

Please be assured that I would never advocate that anyone have their pet put down because of weight gain nor sell their home of many years and relocate. As far as enforcing the weight restriction, okay, lose that and just require that all dog owners carry rather than walk their dogs in common areas. If you can carry a 50lb dog, so be it. If you can't, hire someone who can. If you say you can't afford a "dog walker," then take a close look at what is really important to you and make your choice(s) I have. I live on a fixed income and don't have cable TV (which means no TV) because of it.

I'm afraid that I strongly disagree with the idea of "grandfathering" anything other than condo ownership/tenant rent or lease agreements (until after the agreement has expired or the tenant has moved out). Times change and people have to realize they have to change, too. It is never easy, but it is unavoidable.

In our case, the CC&R's put in place by the original developer were "boilerplate;" meaning, one size fits all. Case in point is that they refer to what may transpire in garages - and we have no garages, only carports.

So, our CC&R's don't begin to address the realities of the ramifications of having numerous dogs living in a high-density condo complex where there is no dog area (and absolutely no where to put one)and the dogs living here needing a place to relieve themselves. Poop can be picked-up; urine burns in the lawn areas throughout are a another matter.

I started this forum because I am seeking some wisdom (and because I told our Board President I would research it) on how to proceed. Currently, we are 3 buildings, 2 stories, 12 units each. On the horizon (the immediate horizon) is the sale of 7 more two-story buildings with an additional 84 units. All within close proximity of each other, all to be surrounded by a significant amount of lawn. If I were Queen, I would say lose the lawns and put in tanbark and groundcovers and shrubs -alas, the new developer of the new phases does not care to grant me an audience in this subject.

Try to get dog owners to carry a watering can when walking their female dogs? Try to have a conversation with them about trying a different diet or supplement to mitigate their urine burns? I'd have better luck convincing Al Gore that global warming isn't happening. And these are the dog owners that are my "friends" here!

I love dogs. I would love to HAVE a dog, but I can't. We have a two pet rule. I have a 15 year-old-cat who is most likely going to out live ME. I rescued a kitten abandoned here two years ago when a neighbor had her in her car on the way to a kill shelter. You would not believe what I have been through with her as she grew up. I had a cardboard and duct barricade constructed in my kitchen for over a year so that she couldn't jump from on top of my kitchen cupboards to behind my stacked washer/dryer combo. And, that's just for starters.

Funny thing was, as the crazy kitten grew into adulthood, the more the older cat came out of her shell and became friskier, more social, healthy and happy. So, in short, I love my two cats as much as I do my two grown daughters (perhaps more since they have no "issues?" :-) )and I truly hold the pet/guardian connection sacred.

I think if more dog owners would treat common areas the way in which they would expect others to treat their private space (i.e., their homes), we wouldn't need to be having this discussion.

Sorry for the length of this post. Our Board meeting is this Friday night at 7pm and I am kind of dreading it. The good news is that I HAVE received much wisdom from the members here about this topic - and for that I sincerely thank you all.

Jean

JEAN...Perhaps the developer/landscaper/Board could get together to designate 1-portion of the flower bed area that line the carports for each of the 3-buildings where the dogs could be 'taken while on their leash to urinate'. Perhaps an area with the grass/dirt dug out and replaced with a bed of stones.
Just something to think on...

Paul - I think your suggestion of using the beds lining the carport area a good one. Hadn't thought of stones, so that is a very good idea which I shall propose at the Board meeting on Friday.

Ron - Your comments made me realize that I could offer to "walk" another's dog for them that may not be able to do so themselves. Actually, I already do so for my immediate (retired) neighbor who attends classes at the local junior college a couple of nights a week. Being a "cat person" it's kinda fun getting out and stretching my legs at the end of a leash.

Maybe putting yourself (myself) in another's "paws" broadens one's perspecive.

Thanks. I'll report back on the outcome Friday night. Wish me luck.

Thanks again,
Jean

Jean, check your docs. Do they state that you 'own' the land to the rear and around your unit? Or, does it specify the ground as 'common area', meaning the area is common to all residents. Yes, you do pay to maintain it every month with your checks, unfortunately, that is the 'price we pay' when we live in a condo or HOA. You chose a site with a lovely rear lawn area, and perhaps your condo price reflected it; however, common area is not yours as in owning it. Sad but true.