Rules seem not to be enforceable...

I am essentially retired, so I am home much of the time.
Many of our owners(and some tenants) come to me to voice opinions and ask if I can find out why/what to do about some problems...
1. We have 'Rules'...
A. No dangerous or vicious dogs
B. Dog weight limit 65#
C. No non-functioning vehicles
D. No vehicles with expired tags
E. All leases must be registered with HOA
F. Must pick up after dog waste.

We have several pitbulls. One bit a persons dog that was visiting from a nearby complex. That person was afraid to have HOA go after the pitbull owner for fear of retaliation. The dog that was bit had to go to the vet.

There is one pitbull that gets to go outside 1-2 times a day. It is extremely aggressive at the window if anyone walks by. When owner was addressed regarding the dog, he stated "I need the dog to protect my stuff". This is an individual known to the police for various trouble-drugs, theft, 'fake stories about being attacked', etc.

Another pitbull owner refuses to pick up after the dog. We have a HORRIBLE problem with dog crap.....management company says they can do nothing unless they have a video.......WHAT?!?

We have vehicles that do not run- they have been parked for 6/more months. Other owners have seen them being pushed because they do not work, but forget to get a video, or are afraid to.

Again, mgmnt says "unless you can prove it is inoperable by video, we cannot do anything".

The police side with the owner-says we cannot tow because the owner might be " away on vacation". We have sent certified letters, but police say we still cannot tow.

Why do we have rules if we are unable to enforce them? I have heard of several other condo assoc that also are having problems in San Antonio, Tx.

What can we do?

Thank you from all of us...

I wanted to add a few comments about the rules you refer to:

A. No dangerous or vicious dogs

Is vicious defined? If not, then it is clearly subjective on an individuals opinion. In order to make this rule enforceable, you need to define vicious in quantitative terms or it will likely only be enforced by animal control and the courts system.

B. Dog weight limit 65#

Does the Association have a weekly weigh-in for the animals? What if the breed has a normal weight under 65 pounds but it doesn't get enough exercise? What if the owner promises to get the dog exercise and it loses a few pounds?

This, in my opinion, is a good example of a bad rule. Remember that an Association can not enforce rules selectively. They must enforce rules fairly and across the Board. Unless there is a system in place to determine an animals weight, then this rule may not be enforceable or may not be easily enforced without legal action.

BTW: what was the reason behind the rule? Are there weight limits for other pets?

C. No non-functioning vehicles

Unless it's obvious the vehicle is non-functional (flat tires, up on blocks, etc.) this rule is difficult to enforce. However, we also have the same rule in our Association. It's not really enforceable unless there is a witness that the car doesn't work. Being parked for a long time is not the same as being non-functional.

D. No vehicles with expired tags

Excellent rule. Just remember that it's the Association and not the police that enforce this rule on private property. The way to enforce the rule is through monetary penalties to the member or towing of the vehicle. Please note that, as I pointed out earlier, the Association must comply with local towing ordinances which typically requires specific signage. Failure to comply, may result in the Association being responsible for the towing and storage charges.

E. All leases must be registered with HOA

We have that rule to. In reality, it rarely happens. Since the member is responsible for the actions of their tenants, any enforcement action for any violations of the covenants, rules or regulations would be against the owner. Therefore, other then counting how many units are rented or if the Association must approve renters, this, in my opinion is a silly rule.

The Association can determine if a unit is being rented for FHA purposes by other methods.

F. Must pick up after dog waste.

Good rule. Difficult to enforce because it requires witnesses. Unfortunately, because individuals tend to not want to become involved, the witnesses never step forward.