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VijaiD (Florida)
Posts: 5
Posted:
hello,

our rules & regulations do not allow pets. since the association has allowed rentals, pets on the property have skyrocketed. All these people are breaking the rules, including some homeowners. Most of them don't pick up the feces. Some dogs run around without a leash.

I take pictures and send to the property manager, but is there something else I can do? What is code enforcement and how does it work?

the mgmt. company is doing a great job sending a very threatening letter, but every time a new tenant moves in the problem continues. It's a never ending headaches with all these tenants, when this HOA is suppose to be owner occupied according to our documents.

can I go to the state? do I need to go to the local government first? if so, who do I go to?

Thank you,

MarkM31 (Washington)
Posts: 494
Posted:
Not an issue for local or state government, and not for you property management company either. This is an issue for the board. One of two things, the board issues fines until the problem goes away, or the board ignores the problems.

Are you involved in your board?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is EXACTLY the sample I keep talking about when renting. The landlord is responsible for enforcing this rule not the HOA against the tenant. The HOA can fine or hold owner responsible. However, the HOA can't evict the tenant. The owner needs to put in their lease agreement to adhere to the HOA rules, so that they have the right to evict their tenant for lease violation.

The rule can always be changed by the majority of owner if they want to allow pets after all.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
What Melissa said. Also, talk to your local animal control or humane society and see what can be done, however, they can't intervene until they actually see the dog (or cat, pot bellied pig, etc.) in action. Animal repellent may also help, although you'll have to re-apply it several times after it rains (although I love dogs, something with hot peppers seems to be particularly effective). The association might apply it periodically, as well as post doggie toilets and bags around the community - and yes, assessments should go up to pay for it. If people object, they can clean up after their dogs like they're supposed to.

It may also help if people can identify the dogs that seem to be more problematic than others - by now, the management company may be able to tell if they have several repeat offenders, so those folks may need to be fined (if you have such a policy). Remember, you'll have to hammer the owners, as Melissa said - if they keep on paying for dog poop, maybe they'll pay more attention to what their tenants do. In my community, some owner-landlords now ban pets because of problems like this.

And you'll probably have to take some action yourself. If, for example, these dogs are doing their business in your yard and you see it, you may have to stop the owner (tenant or not) and have a polite but firm conversation. I've done this a few times (complete with handing them a few plastic bags and suggesting very strongly they clean up the crap RIGHT NOW) - fortunately, I haven't been bit, cussed at or shot! One owner even walks her critters across the street when she approaches my home - I don't care, as long as they aren't using my lawn as a toilet!

In some cases (e.g. the dog and/or owner have a nasty reputation), take some photos (time and date stamped) and note where the dog and its owner live, if you don't know. You can then send a note to the homeowner and see what happens. No response, you may have to keep gathering evidence (so to speak) and haul the owner into court for clean up costs, replacing dead grass, etc. (what he/she does about the tenant is between them).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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