Dog is using lanai (balcony) as a toilet

Started by LynnL4 • 16 replies • 1687 views

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LynnL4 (Hawaii)
Posts: 7

Posted:

Aloha~
I am a homeowner in a condo with 61 units in the state of HI. The neighbor above is using the lanai (balcony) as a toilet for small/medium dog. We do not have an elevator for a 3 story walk up building so, I am not sure what the reason may be other than laziness or an inability to make it up and down the stairs. When I spoke to unit owner about other issues, he admitted that he does not walk the dog anymore because he does not like to "pick up" after the dog in public. He puts newspaper down on the lanai and lets the dog "go" out there. Well, you can imagine the smell in the morning when the dog has laid a "dog log" before you get out of bed. And, you can imagine the smell at 3 pm HST when the sun is shining brightly on the lanai. I have mentioned it to the resident property manager. It was then been reported to the board and a letter was written to the dog owner. When asked, the resident property manager said that the dog owner could be fined. Is this a he said/she said issue OR, is this a legitimate fine because the dog owner admitted to my husband and I (2 people) that he is doing this appalling habit? Is there anything that can be done to curtail this action other than a fine?
Surely, this cannot be healthy for the dog, unless he has a treadmill for it

TimB4 (Tennessee)
Posts: 21,062

Posted:

contact animal control to see what they can do.

Contact a local attorney to send a letter on your behalf to the neighbor.

LynnL4 (Hawaii)
Posts: 7

Posted:

This person is a neighbor, what kind of relationship would we have if I ask a lawyer to send him a letter?

TimB4 (Tennessee)
Posts: 21,062

Posted:

A non smelly relationship.

LynnL4 (Hawaii)
Posts: 7

Posted:

That is NOT funny at all and NOT helpful!

LynnL4 (Hawaii)
Posts: 7

Posted:

WOW, Please let me know if condo owners are not welcome here?

GenoS (Florida)
Posts: 4,276

Posted:

Condo owners are of course welcome here. You asked for advice and you got it. You didn't like the answer. That's not anyone here's fault. Tim's reply was exactly right. Learn to live with the smell or do something about it. We don't know what the rules are in your condo, what your agreement is with your management company, or the proper way to file a complaint where you live. If you aren't getting satisfaction from your condo association or the management company, call animal control. The behavior you describe is probably against the law or at least the local health codes.

LynnL4 (Hawaii)
Posts: 7

Posted:

OK, sorry if I raised any ire.

LynnL4 (Hawaii)
Posts: 7

Posted:

and I apologize!

CarlJ2 (Texas)
Posts: 194

Posted:

You might also try politely discussing it with your offending neighbor or nearby neighbors. It's probably not just bothering you.

LynnL4 (Hawaii)
Posts: 7

Posted:

thank you... I wish it wa
s was that simple...

KerryL1 (California)
Posts: 14,550

Posted:

Your wrote, Lynn: " And, you can imagine the smell at 3 pm HST when the sun is shining brightly on the lanai. I have mentioned it to the resident property manager. It was then been reported to the board and a letter was written to the dog owner."

If the Board wrote a letter, the odor must oppose your governing documents somehow. What does the rule or covenant say? What does the letter ask the owner to do? I assume it asks him to pick up after his dog immediately. Now if the dog has access to the balcony and the owner's away all day, the Owner's dilemma is how to pick up right away? But that is not YOUR dilemma, Lynn, but the dog owner's.

We're a condo building too and ours say that no noxious odors can emit from units or their balconies. It's a convent and it's also in our Rules & Reg.Our board just sent a letter to an owner whose cigar smoke drifts onto a complainer's balcony and on inside the condo. Ewww. The complainer took pics from a nearby property as evidence.

In our building of 200+ units,I'm guessing 1/4 have 1-2 dogs. Most owners walk them but we know several who never leave their condos. It doesn't matter to our Board that the dogs "should be" exercised, or "why" they stay in the condo. But as a Board we DO enforce our rules about dogs' noise nuisances and I promise you we'd enforce the no noxious odors in the case of your neighbor. In this case, it'd be call to a hearing, a fine and then more calls to hearing and doubling of the fine if the owner refuses to cure the violation he's (literally) dumping on his neighbors.

Do not feel badly that this man might be fined---he's apparently breaking the rules and he even admits it. And he needs to find a solution for you.

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By LynnL4 on 08/15/2017 11:12 PM
Aloha~
I am a homeowner in a condo with 61 units in the state of HI. The neighbor above is using the lanai (balcony) as a toilet for small/medium dog. We do not have an elevator for a 3 story walk up building so, I am not sure what the reason may be other than laziness or an inability to make it up and down the stairs. When I spoke to unit owner about other issues, he admitted that he does not walk the dog anymore because he does not like to "pick up" after the dog in public. He puts newspaper down on the lanai and lets the dog "go" out there. Well, you can imagine the smell in the morning when the dog has laid a "dog log" before you get out of bed. And, you can imagine the smell at 3 pm HST when the sun is shining brightly on the lanai. I have mentioned it to the resident property manager. It was then been reported to the board and a letter was written to the dog owner. When asked, the resident property manager said that the dog owner could be fined. Is this a he said/she said issue OR, is this a legitimate fine because the dog owner admitted to my husband and I (2 people) that he is doing this appalling habit? Is there anything that can be done to curtail this action other than a fine?
Surely, this cannot be healthy for the dog, unless he has a treadmill for it

Does he not pick up right away after his dog, and just let that "log" fester?

If he's just being lazy, and doesn't want to walk the dog, then I would contact animal control. If there's a legitimate reason, such as the dog has health issues that prevent it from
walking up and down 3 flights, I'd try to be more understanding, and discuss getting a tray with wee pads on top. Then ask him to pick up the poo, and change the wee pad every time the dog goes.
This way, there won't be any smell and no urine won't soak through to the lanai.

GenoS (Florida)
Posts: 4,276

Posted:

I can sympathize with Lynn to a point. Where I lived 10 years ago we had a neighbor whose upstairs patio out back was about 100' from our own patio. He put his two dogs out on the small-ish patio every morning to do their business before he left for work. We never smelled anything from a distance, but it was disgusting. The urine would drip down onto the first floor patio owned by somebody else. Very inconsiderate. You don't need logs to stink. Urine has its own aroma.

KerryL1 (California)
Posts: 14,550

Posted:

Sheesh, Geno just reminded me that we did have a case years ago where the 5th floor resident simply washed the dog' business out the hole on the balcony's edge so the, um, debris went --especially-- on the 3rd floor balcony that jutted out below. Now it was vacant, but the mess was visible to others of us. Dog owner tried to deny it, but the stain path on the building side, generated an immediate call to hearing and $100 fine subject to doubling for each repeat offense. Problem solved.

GenoS (Florida)
Posts: 4,276

Posted:

That sounds like an effective way to deal with it. Only LynnL4, though, knows what her association's fining policy is and what the complaint process is. She asks, "is this a legitimate fine?" and there's just no way anyone here can know the answer to that question.

LetA (Nevada)
Posts: 2,679

Posted:

That's disgusting, and it is destroying common property.. The urine is soaking into the buildings exterior like stucco, etc.
It is a health hazard, I would contact your HOA board have them send a letter. If the letter has no affect then contact contact animal control.
Maybe get code enfacement or perhaps your air quality board.. The urine can cause health issues because it contains ammonia.

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