Where does the HOA responsibility rests?

Started by MichelleC8 • 7 replies • 306 views

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MichelleC8 (California)
Posts: 80

Posted:

Hello
In November 2021 there was a report brought to the board of our HOA during a zoom monthly meeting. An owner near us has let his large dog defecate and urinate al over his outside decks. This is not just a few piles. We can smell it above the unit, after it rained The HOA BOD said we are on it. In December the issue was addressed again, there was no movement on the cleanup and the smell was still there. Pee pads piled in a corner on one deck and about 30 piles on the other. The response was “we are working on it and etc. “. Comes the end of January and yes, its still there, the owner is here in and out has his dog still FYI. It’s not an abandoned unit etc. The board stated they are working on it.

Several owners have now called the city Health Dept on this from what I know. The City health dept defintately said this is a code violation etc.

Should our complaints gone to the city instead of having to wait for no resolution by the BOD?

HenryS7 (Pennsylvania)
Posts: 336

Posted:

Quote:

Posted By MichelleC8 on 01/24/2022 1:35 PM
Hello
In November 2021 there was a report brought to the board of our HOA during a zoom monthly meeting. An owner near us has let his large dog defecate and urinate al over his outside decks. This is not just a few piles. We can smell it above the unit, after it rained The HOA BOD said we are on it. In December the issue was addressed again, there was no movement on the cleanup and the smell was still there. Pee pads piled in a corner on one deck and about 30 piles on the other. The response was “we are working on it and etc. “. Comes the end of January and yes, its still there, the owner is here in and out has his dog still FYI. It’s not an abandoned unit etc. The board stated they are working on it.

Several owners have now called the city Health Dept on this from what I know. The City health dept defintately said this is a code violation etc.

Should our complaints gone to the city instead of having to wait for no resolution by the BOD?

This would probably be an issue that we would recommend be handled by the city rather than the HOA. The HOA is limited in power (all we can do is fine homeowners). Additionally, there may be a mental health issue going on, and HOAs are limited on what they can do if someone is suffering from a mental health issue due to fair housing laws.

City code enforcement would be the first step in my opinion.

SheliaH (Indiana)
Posts: 6,964

Posted:

Since it's a code violation, I would have gone to the city. It may be the board has sent letters, which have been ignored, so it's time to pull the trigger. You don't have to wait for the board to contact the city - do that yourself, and perhaps take a few time and date stamped photos of the poo pile to prove your point.

And if that doesn't work, I would hope there's something in your documents about homeowners being prohibited from causing or maintaining nuisances. CCRs can be enforced by homeowners against each other, so you could sue the guy - unfortunately, that tends to get people's attention as opposed to being responsible pet owners.

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

MichaelS56 (Minnesota)
Posts: 859

Posted:

As a Board member I would have encouraged using both systems of HOA violations, thus fines and the city process.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Michael. do both. In our HOA, we had this same issue with a tenant in our condo building. But constant letters to the owner and calls to hearing with fines doubling solved it pretty fast.

The dog owner was, in fact, disabled and hired a dog walker to take his dog out for walks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MichelleC8 on 01/24/2022 1:35 PM

Should our complaints gone to the city instead of having to wait for no resolution by the BOD?

What is it you expect the Board to do?

Don't just say, make it stop. How should they make it stop?

In reality, Associations have limited authority in these areas.

The Board might be able to issue a monetary penalty - after they follow all the proper procedures (notice, hearing, etc.). Could take months. Keep in mind, if the governing documents do not allow for monetary penalties, then this isn't an option.

The Board can send a letter. However, this is a 50/50 shot at fixing the issue.

The board can file for legal action. This takes months and costs a lot of money.

The Board can knock on the door and explain the issue. May or may not help. May or may not escalate the issue.

Of course, the neighbors have many of the same options:

Neighbors can write a letter - may or may not have an impact.

Neighbors can knock on the door and talk to the individual - may or may not help. May or may not escalate issues.

Neighbors can file legal action, can take months and costs money.

The county has a lot of authority.
The county can issue fines.
The county can condemn the unit due to the mess
The county can impound the animal as unsanitary living conditions.

Again, how did you expect the board to address the issue?

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Tim that the board must have the authority to fine. Ours does and the violation was against the rule that balconies must be kept in tidy and sanitary conditions.

It only took a few weeks from the letter going to the Owner with an immediate call to hearing until the Owner convinced his tenant to clean up his mess. I do believe the threat of fines doubling on each violation did the trick. We didn't even need to contact the municipal agency to help. But, I agree that should be done right away.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Kerry nice answer. The Board can and must be active when situations develop like the one mentioned above.

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