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MichelleC8 (California)
Posts: 80
Posted:

I am sure every HOA has similar rules about leashing a pet, cleaning up etc.

Our multi level building has an issues on ti’s first floor which allowed for a large open communal area. There has been an increase in dog poo and urine per our cleaning crew.

This was brought to our boards attention. It was then put back onto the community to please report such activity and clean up your dog etc.

Coincidently one units Ring doorbell caught a dog peeing on the front walkway. The unit was spoken to and they were immediately defensive trying to bring attention to all the other units who do this etc. There are others who are also on this list but it’s this unit that was caught on video. Others are reported by residents..

The unit who’s ring doorbell caught this seems to be a much hated person now. Multiple residents are going by their unit taking photos of their camera, and even through the windows to the inside.

this seems to be an unit to unit issue. I can’t find anything that indicates otherwise.
SheliaH (Indiana)
Posts: 6,964
Posted:
Are you talking about the entrance to the building or the communal area? I would think those areas are considered common area, so if the footage caught by the Ring doorbell can be saved (hopefully it's time and date stamped), I'd charge him the cleanup fee. If the owner wants to say "but so and so is doing it too" (and he's probably right), let him come up with the same evidence, and then the board can sanction all of them.

Ditto to the folks who've reported other people - it would be helpful if they had some photographic evidence and were willing to write a statement to this effect, signed and dated. They should also understand that if this escalates to a legal matter, they will be called as witnesses. Unfortunately, there are people who will complain, but then leave it to the board to fix the mess because "they don't want to get involved."

If they don't want to help the board do what's necessary to get this under control, the next step might be charging pet owners some sort of surcharge to clean up the mess. However, that would likely require amending the CCRs to allow this - that requires homeowner approval, and depending on how many owners have dogs and cats, that may difficult to do. The board can also add a line item to the budget on poop cleanup and adjust assessments accordingly. That will also make homeowners mad, but they need to understand if the board can't identify who the troublemakers are, something has to be done to control the waste and stink so you don't get more problems like grass destroyed by pee or vermin like rats coming around because of the poop.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Not sure what the question is.

Say, Michelle, aren't the dog owners called to a hearing and fined for breaking the rule?
MichelleC8 (California)
Posts: 80
Posted:
Thank you for the advice. It’s super helpful. We are about to redo our budget and I like you idea.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Unless CA's state laws say otherwise, owners have no expectation of privacy in common areas. People breaking the rules are using the oldest trick in the book: trying to blame others for their own bad behavior when they get caught. Shame on them.

If this is an ongoing problem, I'd be tempted to install a camera system in the entire area (for security purposes of course). And then nail everybody who doesn't clean up after their pets to the extent permitted by your CC&Rs. What a nasty, disgusting habit - it stinks up the place and is a health hazard to boot. I'm surprised everyone else in the building isn't hollering for the board to do something about it.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MichelleC8 on 10/19/2020 10:14 AM
Coincidently one units Ring doorbell caught a dog peeing on the front walkway. The unit was spoken to and they were immediately defensive trying to bring attention to all the other units who do this etc. There are others who are also on this list but it’s this unit that was caught on video. Others are reported by residents..

'Selective Enforcement' is a valid defense when others are getting away with the same thing you're being accused of, but you'd better have evidence of your own to present. "They do it too!" on its own isn't a good defense. Pictures of "them" doing it too, are.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Not sure what the question is either.

If the Board released the video or name, that was wrong.

The response the Board should provide for the defensive posture (which should have been expected - as it's human nature) is simple:
As those individuals are identified and proof is obtained, the Board will take similar action. We are currently discussing this incident.

Expecting that the individuals name was spread via word of mouth, then a general notice that everyone is entitled to privacy and civility should suffice.
LetA (Nevada)
Posts: 2,679
Posted:
How About installing a pet relief area.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MichelleC8 on 10/19/2020 10:14 AM
this seems to be an unit to unit issue. I can’t find anything that indicates otherwise.
When an Owner complains about a violation of the Rules and Regulations or covenants in California, HOAs/Condos are required to enforce the rules and regulations or covenants. Discussion appears at https://www.davis-stirling.com/HOME/Duty-to-Enforce

When the HOA/condo has evidence of a violation by Owner X, but only rumor innuendo for Owners ABC violating the same rule/covenant, then I think enforcing the rule/covenant against Owner X is not selective enforcement.

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