Input on dog owner mis-behavior

In my town we have ordinances stating that dogs must be on leash except in specific circumstances and owners must pick up waste immediately when it's deposited on any "street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property without permission of the occupant of said property"

The former isn't being followed and I've been rushed by this owners dogs 3 times now as the owners have let the 2 dogs off-leash out into the front yard to poop. I've been either passing by the front of the house or several yards down the street at the time.

The latter ordinance isn't being followed resulting in that the easement portion of their front yard, the section between the sidewalk and the street, has become a toilet.

So here's my conundrum...

I'd go try to talk to this homeowner, owner to owner, except that I'm also the HOA president. Even if I approach this person, who I don't know, as another owner I have no doubt that it will be interpreted as the evil HOA president telling them what to do.

I could simply report this to the city and see what happens or I could bring this issue before the HOA as an official homeowner complaint. I have audio and photos as proof of the problems which would at least be enough to discuss if this rises to something that can be covered under the "nuisance" clause we have.

"5.03 Nuisance. No owner of a Lot or Dwelling shall do or permit to be done any act, or accumulate any items or animals upon his property which is, or may become, a nuisance. "

We do not have any specific rules in our CCRs covering animal ownership or care. Anything we quote when communicating to the homeowner would either be 5.03 or city/county statutes.

Thoughts?

Pardon. I meant 'unsafe situations caused on common areas, caused by an owner.'

Do the covenants give the board the authority to make reasonable rules concerning the use of the common areas?

If these incidents are occurring on city property, then I think your best bet is to seek a remedy through the city's code enforcement division.

Dog bites are a big deal. City staff know this. I can rattle off three people whom I personally know who were severely bitten by dogs in the last decade.

It sounds like a stretch to say your covenant on nuisances covers dogs pooping and running loose. You do not give up rights as a citizen just because you are the president. I would make clear to the person that you are speaking to them as a neighbor, not as president. That eliminates any misunderstanding. If talking to them doesn't work, turn them into the city. They have the clear authority to take action.

It really isn't.

It's relevant as to if HOA CCRs apply.

Animal control issue. End of drama.

Put it in someone else's front yard.