Vicious Dogs

Started by MichaelB32 • 3 replies • 847 views

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MichaelB32 (California)
Posts: 141

Posted:

Recently a residents had her dog attached by another dog. Her pet is now on life support. Though the owner of the attack dogs is paying for everything for the pet’s recovery, this incident has created much concern. One owner has suggested that maybe the association should have a weight limit on the size of dogs that are allowed to live at the condos. Another suggestion is that any vicious dog must be muzzled to walk the property. In this case, the dog for this incident actually escaped from the owner’s condo.

Residents have a right to walk their pets without the fear of a “wild animal” attacking the pet, their children or themselves. The HOA has the responsibility to protect the residents. My question is what have other HOA done.

Do they have a weight limit? Those of us will Golden Retrievers or Basset Hound might not like that. Also I personally know of a very vicious Fox Terrier which could really injure a child.
Do we want to outlaw a breed such as a Rottweiler? Is this discrimination?
What rule of regulation would you impose to muzzle a dog? Number of incidents? Number of complains?
What kind of fine?

I would appreciate some insight. These issue have gone on for years at our Association. We are in California

Michael Barto
[email protected]

SheliaH (Indiana)
Posts: 6,964

Posted:

First of all, the HOA's primary responsibility is to care for the community's common areas, not to protect the residents, who should know what's necessary, whether it's keeping the dogs leashed and under the owner's control, buying a Ring security system for their home or simply locking the doors when they leave the house (you'd be surprised how many people forget that).

As far as dogs go, I've seen very mellow Rottweilers and terriers with Cujo tendencies, so it's not always about the breed, but the owners and their lack of training their critters. Weight can be a factor, but not always - my cousin owned a Scottish terrier and they were bred to hunt and kill rats, so their bite strength was enough to break a hand.

You may want to start with looking at the animal control regulations in your city or county - our community has adopted those rules as our community rules. There are some instances where the issue is more of a animal control matter, so homeowners need to call the appropriate agency.

It may be helpful to start with talking to someone at animal control and the Humane society about what may be more useful in your area. You should also pioll the homeowners to see what are the more irritating issues regarding pet owners - you could start establishing your policy from there. For example, dog poop may be more of an issue than vicious animals.

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

AugustinD
Posts: 5,144

Posted:

MichaelB32, this question comes up so much that numerous law firm sites discuss it. All or nearly all HOAs have rules against nuisances and/or dangerous activities. IIRC, if the HOA knows a dog is vicious or has bitten a person or another animal, the HOA may be liable the next time an incident happens. Here are just a few of the many law firm sites that discuss dog bites on HOA property:

https://goodlaw.legal/hoa-liable-dog-bite-common-area/

https://dogbitelaw.com/homeowner-association-liability-for-dog-bites/homeowner-association-liability-for-dog-bites

https://www.brentadams.com/blog/is-my-hoa-liable-for-dog-bite.cfm

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

https://www.askadamskutner.com/dog-bites/understanding-homeowner-landlord-liability-for-dog-bites/

http://rembaumsassociationroundup.com/2017/07/14/community-association-liability-for-dog-bites-woof-woof-woof/

https://communityassociations.net/homeowner-association-liability-dog-bites/

AugustinD
Posts: 5,144

Posted:

See also this California-specific discussion of dog biting and HOAs:

https://www.davis-stirling.com/HOME/Aggressive-Dogs

https://www.davis-stirling.com/HOME/Muzzling-Dogs

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