Dogs Off Leash

Our HOA board is faced with a challenge of dogs being allowed off leash, though we are within a city with a leash law. We are a townhouse community, so dogs are walked regularly. There is a consistent flow of complaints and issues motivating the board to consider some form of action.

I am very interested in other HOA experiences with action taken that has had a measurable impact on the practice.

Thanks in advance!

Lots here, including myself, advise informing the complainants to take a photo and contact the city's animal control division. Can and should the HOA supplement this? Maybe. First, do your covenants permit a leash rule? Or is such a rule already present? If such a rule is allowed, then inform members and any renters that, to enforce it, they must photograph the violator and submit a written complaint. If you do not have a boilerplate complaint form for rules violations, create one. Then make sure your HOA offers a hearing et cetera to anyone accused.

Quoting exactly what your governing documents say about leashes (or, say, ensuring the safety of residents) may be helpful. Also, under Texas law, is your community technically a condominium?

I agree do not let this become a HOA issue tell the people to call the local police. The HOA is not responsible for other law enforcement issues so why be responsible for this one when the city already addresses it?

Thank you everyone for your suggestions. FredS, I appreciate you relating the action your HOA took that did garner a positive result. Very helpful. And, yes Fred, dog waste is a big cause of complaints. The two issues run parallel as they are both a problem here, and both violations are covered by city ordinances.

The recommendations of complainants taking direct action to report leash violations is very good. We have been advised as an HOA to not try to enforce a city ordinance.

Our covenants do not address dog leashing. And to the question: no, we are not a condominium, we are a Fee-Simple community.

Thanks again everyone. Keep the positive experiences coming.

Dog waste can potentially also be an ordinance issue depending on what your local laws say. It is where I live.

Is the entirety of your HOA on private property? Mine is and therefore an exception to most of the county's animal control ordinances. The ordinance demands compliance but if an animal is on private property with the permission of the owner it's considered to be "under restraint" whether it's on a leash or not. Therefore, county animal control will do nothing in the subdivision. We have to enforce it because the HOA rules are what defines an off-leash dog "with permission". Animal Control isn't interested in interpreting our Rules & Regulations. We're private property and that's as far as their jurisdiction extends. They do respond to "dangerous animal" reports, but off-leash complaints they could not care less.

We're a square block urban high rise HOA and our CC&Rs give the HOA the authority to make rules about the common areas. All areas inside our gated premises are common areas. In our original rules are several about dogs:

Must be under the control of someone capable of handling the dog. Must not soil the common areas, which include, of course elevators, lobbies and corridors. Must not get in the raised planters. Must not bark incessantly (our CC&Rs have a noise nuisance clause). May never be locked outside on a balcony. Are not permitted in recreational common ares (pool area; gym, Clubhouse-type lounges.)

I assume, Bedford that your CC&Rs, too, allow you to make rules about the common areas. I'd say follow augustines advice and make some rules make sure violations are confirmed by witnesses or photos. Once you make the rules, publicize them well, and enforce them, your dog-owners' bad behavior will diminish.

Unless your animal control ppl are very effective, you could wait around a loooong time for them to show up.

In our 200+ condos, probably 1/4 have dogs and about 1/3 of them have two dogs. Most are walked frequently.

Animal control's been called in the cases of two dog bites (dogs were on leash) in 10 years. Owners were called to hearing and in neither case did our HOA have the dogs removed or muzzled, which our rules permit.

Who advised you not to try to handle city ordinances? HOAs do it all of the time. We, for example, enforce noise nuisances usually due to noisy partiers on balconies. If they don't quit down when security phones them to "take it inside," the comlaining resident is advised to call the police. Our board, though would still call them to a hearing and fine them.

Two sources of enforcement is a good thing!

- This is not an HOA issue to deal with in regard to enforcement. Documents don't really permit you to. It's not your realm of responsibility. And if you try to take it on and are slow with action or fail to take action, and something happens, then you, the HOA, and the Board could be liable for action/inaction.

- The best solution in my opinion is to acknowledge the issue/complaints in a round-about way and make it clear to the entire HOA that this is not an issue you have authority over . . . Animal Control is the proper authority. Reports of issues have to go directly from witness to Animal Control. The HOA/HOA Board is not the middle-man either. Similar to a criminal issue having to go directly to the police. Have Animal Control contact info handy and deliver it to anyone who complains of an instance of pets off leash. In making it clear to the HOA that this isn't your issue, I would also actually encourage residents to collect appropriate evidence of pet-related issues and report it immediately to Animal Control. Encouraging residents to do this may simultaneously encourage the irresponsible pet owners to become more responsible.

- The only possibility of the HOA/Board trying to become involved is if a number of instances of an issue pertaining to a specific pet owner have been reported to Animal Control (and appropriate documentation of such is furnished to the HOA), I think you may have grounds to approach the pet owner as creating some sort of hazard w/in the HOA. If your docs indicate that as a violation . . . that may be a viable "rule" to try and enforce in regard to this.

Some commentary on Texas HOAs and dog bite liability:

https://www.oharaattorney.com/news/homeowner-association-liability-for-dog-attack/

To me the problem is many board members do not recognize that someone injured will go after the entity, who may have contributed to the injury, with the deepest pockets. Since HOAs typically have insurance, the deep pockets often lie with the HOA.

NO, said articles refer to forming the HOA's corporate structure.

The CCRs are where any Covenants and/or Restrictions would appear.

I think the attorney answered the wrong question which was about city leash laws. the equation sho0uld have been the Board resposility to protect and maintain the common areas.

I have, btw, seen some very odd things in HOA's on this site from time to time.