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JesseP1 (Minnesota)
Posts: 1
Posted:
I know my HOA can’t actually come over to my house and remove an animal, regardless of their issues raised with me. But I suspect that they will simply make it cost prohibitive for me to retain my dog on the premise. So here’s the crux of the issue and what I need advice on...

My dog will bark at passing foot traffic and bicyclists briefly, and will run up to the fence. If a person is walking a dog as well my dog will become very excited and jump up on the fence. He can jump fairly high, but in watching him do this activity many times I can confidently say that he will never be able to actually jump over the fence. If he could, he would, that’s how perturbed and excited he gets when he sees another dog going by. But we do not keep him outside, he is indoors almost always unless going out to briefly relieve himself. I would say he is outside no more than 10 minutes at a time at probably 5 times a day. Since getting the first letter of complaint from the board we have gone to great lengths to try to reduce or eliminate the issue, but it’s impossible to avoid it entirely short of going out with him on a leash in my own backyard everytime I let him out. Frankly I don’t think I should have to do that. He is confined by a fence that does not allow him out of the yard but because we live on a corner lot we have a sidewalk that runs the length of one edge of our property. My dog sees this sidewalk as his territory for the length of it that runs along the boundary of his fenced enclosure. Apparently a few people have complained that they feel threatened by him if they are walking on the sidewalk because they think he can attack them or just don’t like that he barks at them. I have acted in good faith to attempt to limit opportunities for this to occur, but as previously mentioned unless I take him out on a leash I’ll never manage to prevent every single occurrence.

My opinion is that the wife of the president of the board just doesn’t like our dog or us or something along those lines and is using this as a way to lord over us. She has been difficult to deal with from the beginning. She has a sense of entitlement as though the development is hers and her friends and if you’re not in their social circle and conforming then you are in the wrong. I need a way to figure this out. I’m open to suggestions, however crazy they are.
PaiN
Posts: 73
Posted:
Your dog needs to be trained and domesticated.

Your dog should NOT bark and be a nuisance to others.

PERIOD
TimM11
Posts: 354
Posted:
Is there a specific rule or anything in the CCRs that they say you are breaking?

FWIW, my SO and I always take our dog out on a leash, since we don't have a fenced-in area. Even in cold weather like this (I'm also in MN). So, maybe that's just what you'll need to do until the dog can be trained not to behave that way. I don't see why being out with them is that big of a deal.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JesseP1 on 01/12/2018 7:55 PM
I know my HOA can’t actually come over to my house and remove an animal, regardless of their issues raised with me.

No, but they can definitely require you to remove the animal from the property, and if you do not comply they can obtain an injunction to force you to do it (and then pay for their legal costs).
GreggT (Florida)
Posts: 77
Posted:
Agree your dog is an issue, why can't you take him out on a lead when he needs to go outside. That way not only will he be under control but probably teach him some manners.
AdamD1 (Indiana)
Posts: 179
Posted:
The dog isn't the problem.. it's the owner. You said "unless I take him out on a leash I’ll never manage to prevent every single occurrence" - well get off your lazy derriere, leash your dog, and go out with him. You KNOW how to rectify the situation, but you're willfully being a bad dog owner at this point. Quit making excuses!

I have three dogs, a shih tzu, maltese/shih tzu, and a German shorthaired pointer. I go out with my dogs EVERY time in the backyard. Their waste is picked up immediately, and I prohibit them from barking while outside. Guess what? Never had a complaint from a single neighbor, let alone my HOA.

Few things upset me more in an HOA than neglectful pet owners!
JohnH61 (California)
Posts: 5
Posted:
Just my two cense. Some dogs just inherently bark at everyone no matter how much the owner cares for the dog, but the truth is (a) you should be aware that your dog is by nature a loud barker, and perhaps do something about it; and (b) recognize and appreciate that your neighbors clearly feel their safety is at risk (whether you believe it is important or not). The neighborly thing to do is find a happy median by getting a barking shock collar. That is what our neighbors did and it worked. Accept there is an issue and attempt to address it. Your neighbors will appreciate you for it.
JerryD5 (Colorado)
Posts: 218
Posted:
As a dog owner, I am mindful of my dogs barking (I have a yard but its not fenced; they are not outside without me). We have both a city ordinance (quiet hours from 10pm to 7am) and our CCRs that homeowners are allowed to enjoy their property free of nuisances (barking dogs can be a nuisance). We haven't had an issue between homeowners in respect to barking dogs.

I say most HOAs can use the nuisance clause in their CCRs to get you comply. If they have a fine schedule, then they can impose fines as well.
KerryL1 (California)
Posts: 14,550
Posted:
Entirely agree with all of the above. PaiN said first & best.

It's not just the lunging at the fence & how it startles neighbors. The barking is a nasty s noise nuisance.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
So Jesse...after the answers, do you feel better?
KimberlyW2 (Tennessee)
Posts: 38
Posted:
The HOA cannot physically remove your dog...but, I'm guessing Animal Control probably can.

I would not be so glib about your ability to retain your dog just because he is contained in a fence on your property.

A judge can also rule against you in a court proceeding. Costing you legal fees AND possibly your dog.

So, all that said: My " crazy " suggestion is to either train your dog, get a shock collar for barking ( and I hate that idea ) OR the craziest- walk him on a leash or stand in the yard with him on a leash while he does his business. In the cold, snow, rain, dark...you get the picture. All those issues that are the main reason you open the door and let him out to cause mayhem with your neighbors. It is not going to be easy or comfortable for YOU! But, this is not about you. It's about your dog- that by the way is an animal and doing what untrained animals do. Bark and protect their perceived territory. This truly isn't on your dog.

I also suspect the wife of the President is not the only one that doesn't like your dog. Or you. That is harsh, I know...but, don't put this off on the board or their family members. This issue with your dog is probably the main talk of the neighborhood and those neighbors are looking to the board to do something about it!

I think you know what needs to be done. To keep the peace and your dog.

Good luck!

KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum, Kimberly--appreciate your thoughtful reply.
BenA2 (Texas)
Posts: 1,273
Posted:
The question is, are you violating your CC&Rs? The violation letter should state specifically which clause of the CC&Rs you are violating and the consequences if you do not correct the problem. I would make sure you read the actual text because, oftentimes, people try to stretch and bend restrictions to fit the thing they are annoyed by.

I disagree with many of the other comments. The fact that a few people are annoyed or scared does not necessarily mean you are doing anything wrong. However, if most of the people walking by are afraid and feel they are being attacked, then you should take measures to prevent it.
KerryL1 (California)
Posts: 14,550
Posted:
Ben makes a good point, Jesse. Many CC&Rs have a nuisance clause. Loud and frequent barking could be reasonably considered a nuisance by many of your neighbors.
KimberlyW2 (Tennessee)
Posts: 38
Posted:
Thanks Kerry...long time lurker. First time poster. Reluctant HOA board President. :-)
PaiN
Posts: 73
Posted:
my condolences, re: presidency

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