Dog Breed Restrictions

I'm looking for some advice on how to handle the issue of prohibited dog breeds in the community. Our covenants very clearly state that a handful of dog breeds, including Pit Bulls, are to be considered vicious and thus prohibited within the community. Well, we have a new family that moved in the neighborhood and brought with them what clearly appears to be a pit bull. Our chairman sent the husband an email a few days ago about the dog, and the reply was that dog was a pit bull-lab mix and thus did not fall under the purview of the covenants. Should we investigate amending the covenants, or is there any way to deal with this situation? The dog is clearly a pit bull!

Larry,

I came here for some honest advice, I'd appreciate you not derailing my thread.

That's what I'd like to avoid is an increase in the assessment. We've increased by the maximum allowable 15%/year for the last 3 years, and people are starting to complain.

Exact declaration language is as follows:

"Notwithstanding the foregoing, Pitbulls are expressly prohibited, and the Association shall have the right to prohibit, or require the removal of, any dog or animal, which after consideration of factors such as size, breed and disposition of the animal, interference by the the animal with the peaceful enjoyment by other Owners of their Lots and the security measures taken by the Owner with respect to such animals, the Association, in its sole discretion, deems to be undesirable, a nuisance, or a safety hazard."

http://www.wisdompanel.com/ Just an example.

Find some poop! :-)

I'd be careful of collecting "evidence" from his property. Is that legal?

If they are snarly now anyways, tell them the board could change the CC&Rs to include pit-bull mixes, if they wanted to.

the board may NOT of its own volition change the CC&Rs

only a vote of the membership may change its contract

usually by a 2/3 majority of ALL members (a non vote for any reason is considered a nay vote)

.........at the sole discretion of the board

Prima Facia arbitrary and capricious - unenforceable

Of course I meant change it through due process. I think it would be pretty easy to get 2/3 vote on keeping pits out.

The DNA test can tell if it has Labrador retriever in it. But even though Pit bulls are indeed a mix, they are a particular mix. It's not all willy nilly, whoever got in the doggy door, kind of mix. I'm surprised you couldn't hear 1000s of American Staffordshire owners faint on the floor, to think they would be lumped in with a lab/pit mix. If you have local ordinances that just say pit bull as a means of including pit bull mixes, it can be fought. Breed specific legislation is a hot topic right now and there are a lot of cases in court over it. It's still going back and forth and up and down, so stepping in that circus would be scary for me. Some are screaming breed specific discrimination, as there is not real bite evidence that shows those on the "dangerous dog breed" list are actually the real biters. But you don't have to prove anything, you just need to write the rules. To avoid breed discrimination lawsuits, if you don't have more than pit bulls on your list, add them to avoid issues. You could still be called on it, but your risks will be reduced. You do not want to be tied up in court forever.

I do understand your fear. Every dog has the propensity to bite, but if it's my Schnauzer on my 10 year old verses my pit mix, the outcomes are going to be way different. With the Schnauzer, we're going to the ER without a face. With the pit, we're going to the morgue with.... not much. (Both have since passed). The Schnauzer was actually the bite risk, they are mean little dogs. My mother was afraid of being killed by my Schnauzer from him going for the jugular and afraid on being killed by the Pit/Doberman mix from him trying to sit in her lap!

Maybe try other things:
- mandatory neuter/spay (they leave yards more and are more aggressive when not fixed)
- property "rules" like permanently locked gates, electronic fence inside regular fence, fence adaptations that wouldn't mess with aesthetics, not allowed in common areas.
- pay more in monthly HOA fees.
- they have to beef up their personal insurance
- mandatory muzzling when leaving house to go to car
- mandatory intensive dog training (this will make them safer than a 16 year old with a new license!).
- proof of control

We has similiar issues here at our complex. We have removed breed specific.. and went to weight of pet.. this way nobody can argue what the breed is.. but the weight can always be enforced...

Dogs over 35 pounds not allowed. Period. Anything under 35 allowed. period

Board members are NOT vets, nor are the AKC experts. Leave the breed specific stuff out of it. hard to enforce and can be argued. Weight can NOT.

"Dogs over 35 pounds not allowed. Period. Anything under 35 allowed. period"

35 lbs. at what point in time? Will there be monthly or yearly weigh-ins? If an unknown mixed breed is rescued from a shelter as a pup, there is no good way to determine future weight. What if someone's dog gains a few pounds as it ages? The NASTIEST dogs in my neighborhood are all under 10 pounds.

Seems to me weight restriction would be very hard to justify or enforce.

Hmmmm....by your logic once they are "here" as long as they were under 35 lbs. when they arrived, they are grandfathered in.

Good luck with that one.

I have a dog that is 35 pounds and does not even come to my knees. He is a big Beagle type. I have seen tall slender dogs weigh just as much. Seems a taller dog would be scarrier to some than a small fat dog.

I do not think the HOA should be in the pet department. That is for insurance companies and animal control. You could NOT get me to give up my dogs. They are family.

Terry,

The new owner may have a point, even if he's lying about the purity of his dog's breed. While I don't have a law license, in North Carolina, dogs are considered property of its owner, meaning the owner is wholly liable for animal's behavior and no one else, even on HOA property. Therefore, if the dog is aggressive, it gets reported to animal control/police - which state law allows to label any animal as "vicious."

Do what you will about your covenants but I don't see how HOAs can regulate pure dog breeds or assess the percentages of DNA needed to disqualify a dog from your neighborhood.

Reporting is the key. Many dangerous dog laws look at how many incidents within a given time period.

No offense, but that is just stupid.
What problem are you trying to fix with an arbitrary weight limit on dogs?
Are you trying to keep out those Golden Retrievers who never met someone that wasn't their best friend while catering to the poorly trained (both owners and dogs) with no manners or social skills?