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DavidB35 (Texas)
Posts: 19
Posted:
Hello
Looking for some help again!
Some of us, with Board approval have planted and maintained rose bushes around the proper
It really does give a softer, manicured look to the property!
We have a high percentage of renters, one in particular who does not like the Board, has been letting her dog urinate on the bushes on purpose-says "if you planted them, I want to kill the roses-I do not see a law against letting my dog piss on your flowers".
We have tried to explain that she is not only ,getting back' at the Board, but destroying property that the residents asked for-in particular the elderly residents.
Sending a letter to her landlord made no difference. This is a nasty, rude, VERY uneducated hispanic woman who seems to target ANYTHING the Board has tried to improve.
What can we do to get her to stop letting her dog kill the rose bushes without going to the expense of using a lawyer? (Which is not cost prudent)
Thanks

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Call her landlord or the police. The landlord is responsible for their tenant. Charge the owner for replanting the flowers and damages will get their attention. Otherwise call the police and report her behavior or any threats. The HOA does not protect anyone from the law. Threats are against the law.

Former HOA President
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By DavidB35 on 07/22/2014 4:50 AM
Hello
Looking for some help again!
Some of us, with Board approval have planted and maintained rose bushes around the proper
It really does give a softer, manicured look to the property!
We have a high percentage of renters, one in particular who does not like the Board, has been letting her dog urinate on the bushes on purpose-says "if you planted them, I want to kill the roses-I do not see a law against letting my dog piss on your flowers".
We have tried to explain that she is not only ,getting back' at the Board, but destroying property that the residents asked for-in particular the elderly residents.
Sending a letter to her landlord made no difference. This is a nasty, rude, VERY uneducated hispanic woman who seems to target ANYTHING the Board has tried to improve.
What can we do to get her to stop letting her dog kill the rose bushes without going to the expense of using a lawyer? (Which is not cost prudent)
Thanks


The proper move is to have the HOA adopt your flowers as a property element, then bill the landlord when the bushes die and need replacing. That will get the landlord's attention. Tenants are the landlord's responsibility.

The more-expensive move is to hire a lawyer, spend a couple hundred dollars and learn your options. No - the lawyer will not desire to chase a woman and her dog but have knowledge of the process. This isn't a bad thing.

If your HOA board is wimpy, they - and your roses - will get peed on.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By KellyM3 on 07/22/2014 6:38 AM
If your HOA board is wimpy, they - and your roses - will get peed on.

Wimpy may have nothing to do with it.

The board, just the same as any homeowner, must abide by the CCRs or Declaration. What is common property is usually clearly defined in the CCRs. The board has no authority to "adopt" private property and treat it as if it were common property.

If the roses have been planted on common property (or limited common property) in accordance with the CCRs (assuming the board has the authority to allow such planting in the first place), then the board CAN prohibit dogs from urinating on common property, including any plants that are there.

One would have to read the association documents to determine just what authority the board has.
BanksS
Posts: 403
Posted:
We had problems with my neighbors dogs and my own too peeing on our bushes and flowers. We solved the problem by putting up a clear, short, metal, green fence to keep them out. The fence blends in with the green of the grass and bushes and is barely noticeable. It really has worked.

This doesn't help with the rude tenant though. My gut feeling tells me she won't stay long. People like that move a lot because their behavior catches up with them and they are constantly running from it. Good luck!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is also a dog repellent chemical you can apply to keep dogs and animals out. I did that once. It does smell a bit and it washes off in rain. However, it does work to keep them out of gardens. Matter of fact the name of it can be "Keep out my garden". Generic brands are available at the stores.

Former HOA President
AnnH5 (Florida)
Posts: 304
Posted:
Just my thoughts on the matter...
1. Take photos or videos of her dog urinating on the rose bushes.
2. Send a "cease and desist" letter via certified mail to both the tenant and the owner. Include the photographic evidence so that all parties know. Your Board's attorney should be able to take care of this for you.
3. Send a bill to the owner for the damage caused by their tenant. You could be nice and just fine for your expenses plus the replacement cost. It would be my preference to have a licensed, commercial landscaper do the replacement vs a DIY project.
4. Keep it all business. Do not bring in her ethnicity, her level of education, etc.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Ann said. The photos are a great idea because some owner-landlords need to see how ridiculous their tenants are behaving before they take action.

If other letters have been sent in the past, mention those as well. At this point the cease and desist letter should be the last gasp - if the problem isn't fixed within 15-30 days, take the owner to court, along with the tenant. The tenant's contract may be with the owner, but it seems to me that if she's damaging or destroying the common area because she's letting her dog crap on the roses, she's just as responsible as the owner is.

Depending on the small claims court rules in your area, you may be able to sue the owner yourselves and not need the attorney to do the work (saves on legal fees). In the meantime, here a few homemade dog repellant recipes I saw on another site – I haven’t tried any, but they sound intriguing (especially the third one!) and won’t hurt the environment.

Douse biodegradable coffee filters in white vinegar and let dry in the sun. cut the filters into thin strips about the length of a toothpick and spread the strips throughout the garden (dogs really hate the smell of vinegar)

Place slices of oranges or lemons throughout the flowerbed (dogs hate the smell of citrus too).

Grind a mixture of black pepper and cayenne pepper and sprinkle it throughout the flowerbed (it won’t hurt the dog, but will irritate its eyes, nose and throat)

Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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