Dog Question

I have a neighbor who, at one point, was a friend. We had a falling out in April. She saw me in a field near our condo (owned by the association). My dog was off leash. This is a field with a walking path and several condo owners let their dogs run in this area. Yes, we have a leash law, however, when no one is in the area, people let their dogs run. When my neighbor saw me, she told me to put my dog on a leash. I told her my dog was fine. I put my dog in a sit stay when I saw her approaching me. My dog has had 35 hours of dog training and has never gone after anyone. She never barks, she comes directly to me when called, and never strays. When I let my dog out, I stay with her while she is off leash and she comes right back in with me. I know some people will say why have a dog and live in a condo where there are rules. I am recently divorced and couldn't see buying a house. Well, about a month ago, this neighbor had the management company send me a letter stating my dog has been seen off leash several times. She doesn't like dogs and she's allergic. She is in trouble with the Board and presently in a lawsuit with them over something she did. I feel that she is just being vindictive and wants to bring me down with her. I feel she is only attacking me. However, other people do the same thing. All the Board members have told me that I have the best behaved dog in the complex, but now I feel I have to put my dog on leash even when she is just stepping a few feet off the deck to do her business. I'm looking for feedback and also to see if any one else in different HOA's do this.

Correction: ...because there have never been problem dogs...

Please confirm: Do your covenants say the dog must be on a leash when outside? If so, and despite what appears to be selective enforcement, then I think you are stuck with putting your dog on a leash. I think the alternatives are to either (a) seek application of the rule to all dog owners; or (b) seek removal of the rule. I imagine you do not want to do (a). As for (b), I think HOAs and condos face too much potential liability for dog biting to warrant the removal of a leash rule.

What/who is OP?

Yes, the by-laws say dogs have to be on a leash when outside. I know this is there to protect everyone. It's just crazy that this was never an issue with anyone. But now that this neighbor had that letter sent to me, I know she is watching.

In all fairness Carla pretty much every city and county has leash laws which means it's almost irrelevant if your HOA has them. Nasty neighbors are going to do nasty things because those jerks are selfish and just want to see the world burn. Their worlds revolve around pettiness and control and I'm sure it really chaps your hide that you feel like you're being "forced" to perform the bidding of a terrible person. It leaves a real bad taste in ones mouth.

If you are on good terms with your board members then just ask one of them if they have any plans to pursue further action against either you or others. It might even be a good idea to try to approach one of them while you are walking your dog on a leash. Why? Because they may be doing a CYA thing. Perhaps they are going after the nasty lady for a real violation but are forced to apply rules consistently across the community to cover themselves. My thoughts are much more complex but it is very difficult to describe the violation enforcement equation in a forum such as this.

Oh, and if they nasty lady wasn't contacting your HOA about the lack of a leash she would be contacting the city. Trust me. In this particular case my advice would be to simply put a leash on the dog and move about your business. So what if you let the dog run around without you holding that leash at least you can honestly say it has one. ;-)

Like Tim11, we're a condo high rise and maybe 40% of residents have dogs. We strictly enforce our leash rules on the premises, but have no big open area. Owners take their dogs to a nearby large grassy area, owned by another HOA, and let them off leash.

You're stuck with the rule, Karla, no matter how wonderful your dog is.

I think it's important to note that even though lease laws and HOA rules about them are pretty much universal there is a practical side to applying them as well. For example in the case of Kerry's high rise condo it makes complete sense to be very strict. I can even imagine significant issues regarding the cleanup of pee and poop in hallways, elevators and stairs! On the other hand we have communities like mine with plenty of green space, walkways, and grass for animals. We have much more open space and issues of waste removal (although they exist) and aggressive animals are far less of an issue. Then there is everything in between. I guess my point is to do your best to be fair and reasonable with regards to your particular situation.

On a personal note I had a 130lb rottweiler named Buddy. I spent a bunch of time training him and he was about as perfect of an animal as anyone could hope for. Very obedient, responded exceptionally well to commands, friendly, playful. He was awesome. I could walk him practically anywhere without a leash. That said he was a dog and at his size he had the potential of being quite dangerous. I would always put a leash on him even though I rarely ever actually held that leash (except during training). Even perfect dogs will make mistakes and that leash provides a degree of safety and control. For me putting it on wasn't about complying with some law or some rule but more as a matter of respect for the fact that I had a large and powerful animal. Even when I went to a vet I would always insist he be muzzled because sticking thermometers up their back end and giving shots is uncomfortable. No, my dog NEVER tried to bite even with the muzzle but if he did then everyone would still be safe. It was always about respecting the dog for being a dog and understanding that reality. I think I've gone off on a tangent. :-)

Yes TimM11. The common area is basically under the jurisdiction of both the HOA and the City/County. In one view the City/County can be seen as subjugating its responsibility for "local" control to an HOA because that means less work for them. Seriously from a practical standpoint neighbors in a townhouse/condo situation are more likely to complain to their HOA. If an HOA can fine someone for a leash law violation then so much the better. I don't disagree with you at all.