Cats littering in homeowners pots/plants

Small condo association with total of 96 units. City ordinance states that cats need to be kept within HO yard or on a leash. One HO keeps her door open and her cat roams about the neighborhood leaving feces and urine in neighbors personal planters. The violated HO has said that it cost her between $300 and $500 to replace soil and pots. Thus, a complaint was filed by the homeowner. We have sent a violation letter and a subsequent fine was issued due to non-compliance. This was about 7 months ago. Today, the board and received another complaint from the affected HO requesting the board send a demand letter to the 'cat owner' for the replacement cost of her soil and planters as she doesn't feel the association is doing anything and she has to replace everything once again.

She doesn't have any pictures of the cat actually destroying her plants or planter, however, it is the only cat that runs the neighborhood so it is assumed. My thought is that the City or animal control should be notified by the affected homeowner and a complaint should be filed with them directly. I'm at a loss as to what the association can do other then keep fining for the offense when, yes - we have pictures of the cat running in the field across the street - but nothing showing the disruption to other HO's property. Our covenants state: ".... An Owner's right to keep household pets is coupled with the responsibility to pay for any damage caused by such pets, as well as all costs incurred by the Association as a result of such pets, and any such costs and damages shall be subject to all of the Association's rights with respect to the collection and enforcement of Assessments as provided in Article 4 of this Declaration (Assessments)".

With this, I believe we can charge the HO for damages, but there is not proof. Not sure how to handle. Thoughts on this are appreciated.

You can also get a pet repellent for your yard. It comes in a bag like fertilizer spread. As long as not going to rain immediately, it tends to last a week or two. Enough to get the pet the message. It's not very expensive either. Just puts out a smell that no one likes...

I do not think the HOA is legally justified for billing for damages to another owner's property. If the damage were to HOA property (owned by all members), and if the HOA has proof of who did the damage to the HOA-owned property then you might be able to bill the owner and be on firm legal ground in doing so. The covenants usually speak to damage to HOA owned property and whether the HOA can assess the owner who did the damage.

I’m not a lawyer, but it seems to me that there are two issues here:

1. The cat owner (HO1) allowing their cat run free, which would be a violation.

2. The alleged damage done to the other homeowner’s (HO2) soil and plants would (I think) be an issue for small claims court. Ie, HO2 files suit against HO1. I don’t think the HOA should be involved in attempting to collect damages.

Bill

In another recent thread, a Committee member happened to show a picture of another member's dog, walking, not pooping in the common area, during a presentation, and the posters here wanted that Committee member, 10 removed from their committee, 2) burn them, 3) issue a first and final warning before removing him, 4) off with their heads, 5) severely censure this committee member or remove him from the committee with a board motion, 6) committee member should be censured or removed.

Here, a complaint was made about a cat pooping in a owner's yard, not the association common area, causing ??? $300-$500 damage. Without proof and/or due process, the board send a letter and a subsequent fine. The fine was for "the cat running in the field across the street". Where is the outcry for removing or censuring those board members?

I believe the topic was "Cats littering in homeowners pots/plants", not on association property.

Found this article if AC picks up the cat:

At-large cats in XXXX XXXXXXX city limits are often called in and picked up by animal control, then brought to the Lxxxxxx Humane Society and placed on a stray hold for five days, Starr said.

Retrieving a lost pet from the humane society comes at a price, which is set by the city and county. Reclaiming a lost pet from the humane society will cost the owner $40 if the animal is wearing its licensing and rabies tag and $60 if not. There's also a $15 per day boarding fee to cover the animal's food and care.

So, CathyB, was the violation to HO1 for permitting her cat to roam the common areas? Or something else?

HO2 says at least 4 other residents have seen this cat themselves (doing what?). Then, photos should be easy. Ditto, a letter form the city saying the HOA is responsible for this cat. This just doesn't sound quite right, but....?