Loose pets & fencing

Started by DavidR13 • 12 replies • 1760 views

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DavidR13 (Virginia)
Posts: 14

Posted:

I am chair of HOA in Virginia. Our covenants state that pets must be fenced, but this was written long before the invisible type. I have read the 2012 discussion about fencing re approvals, and am aware that they can be called RF containment systems. However, they are commonly termed and sold as invisible "fences". Two or three have been installed some time ago, and the board had no comments or complaints. Now, one household has a dog that goes through the "fence". If we require this very belligerent homeowner to erect a physical fence, will we have a legal fight over the definition?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

David

Would you have to force him to build a fence or just remind/fine him when his dog is off his property and not on a leash? If a local leash law, then let the local authorities deal with the issue.

MarkM31 (Washington)
Posts: 556

Posted:

Invisible fences turn good dogs into raving, crazy neurotics

TimB4 (Tennessee)
Posts: 21,059

Posted:

Well, are you sure that the fence is turned on when this happens?
Are you sure that the fence is in working order?
Are you sure that the fence was installed properly?

Ignore the issue about defining the term fence. Address the issue of the dog not being contained. Even with physical fences, dogs can get out. That is the issue.

Complaints should be that your pet is running loose, in violation of your covenants/rules.

It's not the Association's job to tell the owner how to keep the pet from running loose. They only have to tell the owner not to let it happen.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MarkM31 on 05/15/2015 7:43 AM
Invisible fences turn good dogs into raving, crazy neurotics

Mark,

Is that a personal opinion or do you have sources you can cite as a basis for that statement?

KerryL1 (California)
Posts: 14,550

Posted:

I'm with JohnC & Tim, call the owner to hearing per VA laws or your governing docs for permitting his dog to run loose and fine him per your fine schedule. If you wan to call ahi,map control too, do it.

HOW he contains the dog is not your problem, only that he MUST contain it

FredS7 (Arizona)
Posts: 927

Posted:

> pets must be fenced

I'll give you a fight over a definition. "Fenced" means contained by a fence. A dog that is not contained by a fence isn't fenced. If a dog was able to climb over an eight foot chain link fence it wouldn't be fenced. The word fenced implies effectiveness at fencing.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By FredS7 on 05/15/2015 5:50 PM
> pets must be fenced

I'll give you a fight over a definition. "Fenced" means contained by a fence. A dog that is not contained by a fence isn't fenced. If a dog was able to climb over an eight foot chain link fence it wouldn't be fenced. The word fenced implies effectiveness at fencing.

This is a good point. The dog is not contained.

PitA
Posts: 311

Posted:

The word fenced implies effectiveness at fencing.

epee or sabre ?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By PitA on 05/16/2015 8:15 AM

The word fenced implies effectiveness at fencing.

epee or sabre ?

Foil

PitA
Posts: 311

Posted:

... ah, you have foiled my attempt at humor

;)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Touche

PitA
Posts: 311

Posted:

.... pas de quoi

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