Pet Policy and Enforcement

Started by CathyK2 • 3 replies • 1144 views

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CathyK2 (Colorado)
Posts: 1

Posted:

Hello. This is my first time on this site. I am a Director for our HOA which is very small, only a five unit complex. We have one Owner who for a year either could not or would not pick up after her dog. Then she got a second dog! We had a no pet declaration and a loosely adopted rule about allowing a "reasonable" numbered of domestic pets. Of course the dog poop problem worsened so we adopted a new Pet Policy with fines for not picking up after your dog immediately and added dog free areas within the common areas of the property. This Owner has ignored the policy and has had 9 documented violations to the policy since iss adopted it 10 days ago!!! We sent a letter with fines per the policy and because of the number of violations per the policy she was noticed to remove her pets immediately from the property. She has ignored our notification. I need advice as to what to do next. She continues to do whatever she wants. The other 4 Owners want it to stop but she has not paid the fines, picked up he dog poop and has let her dogs run freely in the pet free designated area. Does anyone know what we should do? Any advice is welcome. I am at my wits end. I know we can lien her property for the fines, but that does nothing to change her actions.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Check your local animal control laws. In my county, it is required by law to pick after dogs who do their thing on property the dog owner does not own. There is also a leash law that can come into play. If your jurisdiction has similar laws, contact them to enforce.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Sounds like the Association needs to pay money for an attorney
OR
raise assessments and hire a company to come in two or three times a week to pick the excrement up
OR
pick it up yourself and deposit it appropriately

BobD4 (up north)
Posts: 1,002

Posted:

Quote:

Posted By CathyK2 on 08/25/2016 5:43 PM
. . . We had a no pet declaration and a loosely adopted rule about allowing a "reasonable" numbered of domestic pets. . . . she was noticed to remove her pets immediately from the property. She has ignored our notification..

CathyK2 : Even the public health/hygiene issue may be overshadowed if - whatever her dogs are - someone is injured by them while running unleashed on any common element.

Your documents & state law should be reviewed as to how far you have to go to enforce the Declaration if it is still enforceable. (Some jurisdictions may readily grant judicial enforcement orders to turf non-service certified dogs from highrises)

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