"Dogs cannot be left unattended outside" Need Advice

I am on the BOD of our condo and we are reviewing the Rules and Regulations for clarification. One of our rules says, "dogs cannot be left unattended outside". I read this to mean that they cannot be tied up or tethered outside. However, another Board member who ties her dog up outside all the time disagrees. We had issues over the winter with 3 separate owners leaving their leashes outside under the snow, and they broke the snow removal contractor's snow blowers. One occasion happened to be a Board member (not the same one referenced earlier), who did pay for the damage herself. The current Board member who ties up her dog has placed a metal loop into the ground in a vacant field next to her unit that the developer still owns. The developer's landscaper ran over with a lawn mower earlier this summer. When I explained my position that leaving a dog unattended outside would include being tied up or tethered, the other Board member said I was wrong because she can see her dog from her unit and keeps a constant eye on it. Am I wrong here? What do other boards do? I have to admit I don't own a dog, and frankly I am fed up with all the dog issues/complaints we get about owners not having their dogs on a leash, excessive barking, owners not picking up after them, etc.. We just took over from the developer less than a year ago and we're trying to get a handle on all the violations, so I could be overreacting. Please help!

Welcome to the Forum, Theresa.

Our HOA is two condo elevator towers so we have a fair number of rules about pets that've been in our covenants or Rules since the Project opened in 2001. I'd say about 25% of our units have one or 2 dogs.

Our covenants (CC&Rs), and I think most, give residents the right to the peaceful enjoyment of their homes. We have a "nuisance clause" too, which basically states loud noises of any kind and at any time, especially after 10pm, is forbidden.

Our rules elaborate on these nuisances regarding pets. Dogs may not bark incessantly; owners must pick up after their pets; dogs and cats must always have access to the condo from the balconies; dogs must always be carried or leashed in our common areas.

Dog owners who break some of the these rules are immediately called to a hearing and fined. Others, dogs incessant barking, for instance, will receive a "courtesy" (warning ) letter first.

In all cases the misconduct must be corroborated by a security officer, manager or board member so that we don't have she said, her said issues. I think that our quick enforcement is what keeps these violations to a minimum. I'd say we only send out about 5 courtesy letters a year of 211 units, and I only remember one hearing on problem dogs (2 barking incessantly inside their unit and bothering neighbors.)

So you need to, imo, tighten the language of your rules. And enforce them

Maybe others an help you with the picking up after dogs problem which can occur in any HOA, but doesn't in ours because dogs aren't permitted in planters and we have no turf. Out on the public sidewalks that surround us are lots doggy bag stations and we just never see droppings anywhere in our neighborhood.

You might want to check with your local Animal Control - there may be city ordinances that also say the dog can't be left unattended. If so, you might be able to call them and make a complaint. Especially when it snows - if this happens in extremely cold weather, it could be seen as animal cruelty and then the owner risks criminal prosecution.

And if the dog is causing damages to the common area by being tied up (e.g. damage to the trees and of course, dog poo), make the owner pay. Sometimes the only way people straighten up and fly right is if they get smacked in the wallet (sometimes over and over until they get the point)

Thank you for all the constructive replies. I think I will check with our Village to see if there is a local ordinance governing the tethering of dogs. That's a good place to start. Meanwhile, we just sent out our first violation fine to an owner who's tenant has 3 dogs (our Rules limit pets to 2 dogs), and the tenants haven't been picking up after the dogs either. We had previously sent a warning. We are a small community (41 units), so I suspect word will travel quickly and hopefully will send a message to others violating the rules.