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AntoinetteT (Nevada)
Posts: 6
Posted:
We received a notice yesterday, 1/29/16, from the community manager stating per CC&R 10.4 (ii) Health Safety Welfare Animal Feces, that tenants have seen myself and my dog leaving animal waste throughout the community. They go on to state that there will be a hearing and if found guilty, we could be fined up to $10,000 for each violation!
This comes as a shock to me due to the FACT that for some reason my dog refuses to have a bowel movement here. We moved here last October and everyday I walk him but he just won't go. Instead, I have to drive him at least once a day to the dog park where he has always gone. What's even more offensive to me is that I happen to be almost a fanatic about picking up after your own dog. I have a large box of bags so that I will never be caught off guard. This is honestly a fighting point with me.
My question is this: Wild horses could not keep me away from this hearing, but I need to know how to prepare for this. There is absolutely no way anyone has ever seen my dog do this but how can I prove it.
Thank you for any assistance you may be able to render.
GlenL (Ohio)
Posts: 5,491
Posted:
Seems to me that they would have to prove it, by photos or video of the dog doing their business and you leaving it.

Studies show that 5 out of 4 people have problems with fractions
GenoS (Florida)
Posts: 4,276
Posted:
$10,000 for each violation sounds a little extreme.
NpS (Pennsylvania)
Posts: 4,216
Posted:
How to prepare for the meeting:
1. Take a few walks through the community. Bring a camera. Take pictures of all the dog poop you see.

2. Take your dog to his favorite location. Take a picture of your dog's poop.

3. At the hearing, show all the pictures. Ask them which of the pictures are of your dog's poop.

Sikubali jukumu. Read all posts at your own risk.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By NpS on 01/30/2016 9:11 PM
How to prepare for the meeting:
1. Take a few walks through the community. Bring a camera. Take pictures of all the dog poop you see.

2. Take your dog to his favorite location. Take a picture of your dog's poop.

3. At the hearing, show all the pictures. Ask them which of the pictures are of your dog's poop.

I love it!

Demand the DNA test results, too.

AntoinetteT (Nevada)
Posts: 6
Posted:
Wow! That's a great idea.I was out yesterday with my granddaughter and we found all kinds of mess. In fact it is 2:34 a.m. as I write this and I am up to drive my idiot dog to his 'poop park.' YES, I agree ten grand is insane. We are good tennants. I do not make any noise because I am profoundly deaf...so everything is cc. But this is a ridiculous claim.I am leaving as of Monday. I also agree that they have to show something or someone as proof and the proof is impossible.
Thank you all so much for sharing yourknowledge.
I appreciate any and all help. My hearing is at 5:30, FEB. 25TH.
LarryB13 (Arizona)
Posts: 4,099
Posted:
I wonder who is in charge of collecting and storing the evidence. Ewww!
CyrstalB (Maryland)
Posts: 457
Posted:
I would hazard a guess that the 10000. is a typo or they are just trying to scare you, I am not an attorney, but no court of law would support such an extreme fine, would they? and on that note, you should check your documents to see what the actual violation fee's are and what the process is.

Here's a thought, if you take him for a walk every day, and he refuses to go, is it possible that people see you daily with your dog and no bag of poop to take home? So they can assume, (these days, too easily) that you don't pick it up because they don't see you carrying it home like a good dog owner does.

You should also canvas the community to see if other dog owners received one, to make sure that you are not being singled out.

And on a side note, your vet will have some ideas and options for how you can acclimate your dog to his new bathroom, a 2:30 bathroom run to another part of town is pretty extreme! Good luck!
GenoS (Florida)
Posts: 4,276
Posted:
I doubt any court would judge that a $10,000 fine is reasonable. It's got to be a typo. You can hire a good attorney to get you out of (certain kinds of) serious trouble for less than $10,000.
BobD4 (up north)
Posts: 1,002
Posted:
AntoinetteT (Nevada)$10,000 per poop ! Just how big is your dog ?
AntoinetteT (Nevada)
Posts: 6
Posted:
I want to thank each one of you for your comments. Some have given me a laugh, others have given me hope. I want to address the question regarding the excessive fine. I will text the actual wording.
As I text in my original note, this letter starts off with the cite and continues on to say that I had been seen throughout the community leaving waste. (This is a slap in the face to me because I have tried to teach my 6 year old granddaughter that people who leave this mess for someone else, care nothing about their fellow man. But the main and most powerful truth is my dog will not go here. I think it's his way of getting a free ride!)
Back to the fine.
"...After the hearing the Board will meet independently to discuss the alleged violation. The Board may choose to impose a fine that is commensurate with the severity of the violation. The Board may choose to impose a fine up to $10,000 for each violation.
I did take a walk today around the area and located 9 piles of feces. I took pictures. I have to say, becoming a photographer of poop was never on my bucket list. I also located a text I wrote last October stating how much I hated getting up at 4 AM to drive my dog to poop.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is another thought... Go talk to your animal control services. Plus see if there is even an ordinance on the books with the city on such "crap" they put in the CC&R's. Seriously, your CC&R's have to be compliant to the city/local/state/federal laws. If your city does not have such a law, then I don't find this rule quite forcible laws. Plus animal control should lead you in the right direction of animal laws in your area.

Find out if your HOA does have a fining schedule and what it is. This 10K fine is a bit possibly on the illegal side of enforcing. Plus the fact that most HOA's fines can't be used as basis for a lien. They would have to do some fancy book work in order to make this a non-dues paying situation. Which some HOA's are known to do. They will apply your dues money to your fine amount making it look like your not paying dues. So find out if that is such a collections policy WITHOUT giving them the idea of doing it!!!

I have 4 dogs myself. My 2 young female dogs do NOT ever poop in public places. They will pee but they are little ladies when it comes to leaving a poopy. They will wait till they go into the backyard. So I can very well believe in your dog's retention issues. We also have a dog poo pick up service here. So I can hire them to clean up the back yard when necessary. Maybe you can ask about the HOA looking into that service instead of punishing everyone. People with dogs could pay for it. Problem solved.

Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By AntoinetteT on 02/01/2016 12:19 AM
I did take a walk today around the area and located 9 piles of feces. I took pictures. I have to say, becoming a photographer of poop was never on my bucket list. I also located a text I wrote last October stating how much I hated getting up at 4 AM to drive my dog to poop.

Should be an interesting hearing. Good luck.

Sikubali jukumu. Read all posts at your own risk.
AntoinetteT (Nevada)
Posts: 6
Posted:
Thank you so much for believing me regarding my stubborn pooper. I have tried every way to get him to be less shy however, even at his chosen park he practically stands in the bushes! I can't tell you how many times I have come home with twigs and leaves in my hair. But even that is better than the animosity I feel towards this home and whomever decided to start such baloney. I can't live like this. Now I find myself flashing the evil eye towards my neighbors. So, as soon as we received this OBVIOUS attempt to separate me from my money, my daughter immediately found a beautiful house. We are leaving. I am too old to deal with this infantile attitude. But I will not leave this threat undone.
Side note...my new place is a home with a gardener. But even he will never find waste on the ground.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By AntoinetteT on 02/01/2016 7:08 AM
I can't tell you how many times I have come home with twigs and leaves in my hair.

Are you sure that all you're doing in the park is walking your dog?

Sikubali jukumu. Read all posts at your own risk.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
BTW out of curiosity... Are you a renter or an owner? This would definitely change things. However, it's good you decided to move. Especially if you have people like this in your neighborhood. I have 2 male dogs and I let them do their business near the garbage dumpsters. There were no houses in that area and it already smelled. It would be a good idea if the HOA could establish a dog friendly area as well.

I always found it funny how my 2 female dogs never go number 2 unless at home. I've taken them to many public places and even parks. They would not go. My 2 male dogs on the other hand had no shame... LOL!

Former HOA President
AntoinetteT (Nevada)
Posts: 6
Posted:
First, I wanted to answer what kind of a dog I have. I think of his breed as either Secret Pooper or Idiot Savant. The world recognizes him as a mixed breed, Labrador/Boxer. He is about 3 and weighs 48 lbs. He is also a shelter baby. His previous owner(s) beat him so bad they cracked his skull. His head is flat on one side and one eye is smaller. He has a heart of gold. I can't be without a dog because I am profoundly deaf. I have trained all my angels. He is not certified as a service animal. Through his actions I can hear. We needed each other.
Second, my dog will back up into a bush or against a tree trunk to do his duty. At 4 AM I have to get very close to even find his feces. I take my flashlight but that doesn't stop the foliage attaching itself to me.
Third, I am leasing from an out of state landlord. It remains to be seen if we are held to the contraxt. She absolutely has the right hold us to a dead lease. I accept that. I will never accept a lie.
Thank you all for your knowledge.
AntoinetteT (Nevada)
Posts: 6
Posted:
First, I wanted to answer what kind of a dog I have. I think of his breed as either Secret Pooper or Idiot Savant. The world recognizes him as a mixed breed, Labrador/Boxer. He is about 3 and weighs 48 lbs. He is also a shelter baby. His previous owner(s) beat him so bad they cracked his skull. His head is flat on one side and one eye is smaller. He has a heart of gold. I can't be without a dog because I am profoundly deaf. I have trained all my angels. He is not certified as a service animal. Through his actions I can hear. We needed each other.
Second, my dog will back up into a bush or against a tree trunk to do his duty. At 4 AM I have to get very close to even find his feces. I take my flashlight but that doesn't stop the foliage attaching itself to me.
Third, I am leasing from an out of state landlord. It remains to be seen if we are held to the contraxt. She absolutely has the right hold us to a dead lease. I accept that. I will never accept a lie.
Thank you all for your knowledge.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By AntoinetteT on 02/01/2016 7:08 AM
I have tried every way to get him to be less shy . . . I can't tell you how many times I have come home with twigs and leaves in my hair. . . the animosity . . . I can't live like this. Now I find myself flashing the evil eye towards my neighbors. . . . We are leaving. I am too old to deal with this infantile attitude. But I will not leave this threat undone. . .

AntoinetteT (Nev) With respect, your doggy may be trying to hurry you into a NERVOUS BREAKDOWN ( or worse ? ). Maybe he thinks that he can inherit under Nevada law. Is it time to send him to a lawyer.( Some Nevada lawyers may now be looking for work after the Benzer gang fiasco.)

Our Porty - a physical clone of your President's first dog Bo - enjoys torturing me by her uncertainty where to poop within her dedicated, totally private, daily-cleaned 1200 feet square fenced backyard. May spend 20 minutes trying to decide even though the yard is cleaned DAILY. Gotta watch here because of her coprophagia.

( We early ignored warnings - about her & her predecessor Standard Poodles - that these clever animals are constantly testing us & probably should never be allowed to sleep indoors lest they take over. Hopefully unlike the Presidential porty Bo, this one has psychotic episodes if anyone gets close to the truck. So imagine the President arriving in his pickup truck at the palace of some Ayatollah who approaches conciliatorily with some sort of prayer rug or peace offering, but then is ripped to shreds . . . . . . )
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Good news... Your a renter. The HOA can NOT do anything to you directly. They have to contact your landlord. Your landlord is the one that is the HOA member. You are NOT. Which means the HOA is to hold your landlord's feet to the ground.

Now, you need to read your lease to find out if you are to adhere to the rules of the HOA. That would be a condition of your lease they can evict you on for violating. However, if that is NOT in your lease, then the landlord can't evict you. They can only evict you for the conditions in the lease. The HOA can't force them to evict you as a tenant does have rights.

Since your leaving anyways, make sure to give proper notice to your landlord. If you want to fight, then I could give you further advice. In the meantime, tell the HOA to go pound sand. They need to talk to your landlord. They can't touch you.

Former HOA President
JeffT2 (Iowa)
Posts: 880
Posted:
Quote:
Posted By MelissaP1 on 02/02/2016 8:35 AM
Good news... Your a renter. The HOA can NOT do anything to you directly. They have to contact your landlord. Your landlord is the one that is the HOA member. You are NOT. Which means the HOA is to hold your landlord's feet to the ground.

Now, you need to read your lease to find out if you are to adhere to the rules of the HOA. That would be a condition of your lease they can evict you on for violating. However, if that is NOT in your lease, then the landlord can't evict you. They can only evict you for the conditions in the lease. The HOA can't force them to evict you as a tenant does have rights.

Since your leaving anyways, make sure to give proper notice to your landlord. If you want to fight, then I could give you further advice. In the meantime, tell the HOA to go pound sand. They need to talk to your landlord. They can't touch you.

This does not appear to be correct in Nevada. Most HOA communities in Nevada seem to come under the Uniform Common-Interest Ownership Act, which allows the association to fine tenants and enforce the rules on tenants (with some exceptions). In fact, the association cannot fine the owner for the actions of the tenant (again with some exceptions).

For Antoinette, the law ( NRS 116.31031) also says:

"...the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due."

Disclaimer: the above was gathered with a quick internet search, and there are exceptions and applicability to some communities and not others. You or your lawyer would have to check if your community falls under this law.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JeffT2 on 02/02/2016 11:10 AM
Posted By MelissaP1 on 02/02/2016 8:35 AM
Good news... Your a renter. The HOA can NOT do anything to you directly. They have to contact your landlord.


This does not appear to be correct in Nevada. Most HOA communities in Nevada seem to come under the Uniform Common-Interest Ownership Act, which allows the association to fine tenants and enforce the rules on tenants (with some exceptions). In fact, the association cannot fine the owner for the actions of the tenant (again with some exceptions).

Sometimes, Melissa's rules are only good in Melissaville.

Sikubali jukumu. Read all posts at your own risk.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By GenoS on 01/30/2016 8:54 PM
$10,000 for each violation sounds a little extreme.

I agree. Our documents specify the fines have to be reasonable. There is no way a dogs business is going to cost the Association $10,000.00. Of course this wasn't your dog leaving his business.

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