Unleashed Dogs Liability

Started by NpB • 8 replies • 471 views

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NpB (Arizona)
Posts: 605

Posted:

I asked our HOA's insurance agent if our master common area insurance policy covers injury to humans or property by unleashed dogs in the common area. The reply was no.

How common is it for an an injured party (whether it be a human or a human's property (e.g. dog) to file a lawsuit against the HOA for the actions of an unleashed dog on common property?

Our HOA has a rule against unleashed dogs in common areas, however some do not follow it.

In reminder e-mail's to owners about the rules, are there certain effective phrases or points to communicate? Would you communicate that if you wish to have an unleashed dog, take it to dog park? Would you mention about liability risks and increased $ for all? Would you mention no matter how friendly your dog is, keep it on a leash, etc.?

CathyA3 (Ohio)
Posts: 6,299

Posted:

I did a quick Google search and found that courts differ on whether or not the HOA is liable. So.... do ya feel lucky? Well, do ya?

I recommend that the HOA enforce their pet restriction, including any verbiage about requiring an animal to be on a hand-held leash while on the common elements. If push comes to shove, it certainly doesn't help the HOA's case if they were negligent with enforcement. If your local municipality has a leash law, people should also report violators to the local animal control office.

Also look to see what sort of discretion or authority is granted to the board. My community's CC&Rs give the board the authority to remove a problem or vicious pet *at the board's sole discretion*. That's pretty broad, although we haven't had to use this provision.

And aside from liability, there is the issue of fairness to all homeowners. Some people are afraid of or allergic to dogs, and it's unreasonable to expect these folks to tolerate being terrorized or unable to use the common elements because of irresponsible dog owners. These owners are often the worst judges of whether or not their pet will be aggressive. "Oh, he's just a big sweetie" they'll claim as their dog is baring his teeth at you.

Enforce your pet restriction.

CathyA3 (Ohio)
Posts: 6,299

Posted:

As far as the reminder goes, I would just quote the pet restriction and note that it will be enforced because everyone will pay if the HOA gets sued. People can figure out for themselves if they want to take their dog to the dog park.

Aside from this issue, your pet restriction very likely has a requirement to clean up solid pet waste. And an unleashed dog will probably be doing its business without the owner being aware of it or cleaning up, so there is that as well.

If you get the feeling that I have little patience for irresponsible pet owners, you're correct.

SteveH35 (Washington)
Posts: 339

Posted:

Quote:

Posted By NpB on 06/04/2022 12:32 PM
I asked our HOA's insurance agent if our master common area insurance policy covers injury to humans or property by unleashed dogs in the common area. The reply was no.

How common is it for an an injured party (whether it be a human or a human's property (e.g. dog) to file a lawsuit against the HOA for the actions of an unleashed dog on common property?

Our HOA has a rule against unleashed dogs in common areas, however some do not follow it.

In reminder e-mail's to owners about the rules, are there certain effective phrases or points to communicate? Would you communicate that if you wish to have an unleashed dog, take it to dog park? Would you mention about liability risks and increased $ for all? Would you mention no matter how friendly your dog is, keep it on a leash, etc.?

NpB,

Does your CIC master insurance policy protect against general liability when you're sued? Mostly likely YES. If an owner or guest lets their dog wander across your common property, your CIC is likely not to actually be at fault, but your GL policy protects against lawsuits of many kinds.

Does your policy cover injuries to human beings in general? Most likely YES because it includes $5,000 of no-fault liability.

Regards,
Steve

MichaelT21 (Arkansas)
Posts: 501

Posted:

Quote:

I doubt that the insurance agent is correct, unless your policy has a specific exclusion against unleashed dogs. To me, your insurance should cover exactly that kind of liability should your association be found responsible.

TimB4 (Tennessee)
Posts: 21,059

Posted:

What is the County or City have for leash laws?

If they back up your CC&Rs, I would also cite them.

KerryL1 (California)
Posts: 14,550

Posted:

I'd follow Cathy's advice. Enforce! Educate. Our CC&R actually have the following words in them: Dogs must be on leash held by someone capable of controlling the animals. We also could order dogs who've been aggressive to be muzzled.

But we're an elevator building so we're very strict. Visiting friends in a nearby elevator building, a dog was on the elevator in a cage. Our friends told us the board had ordered it when the dog had been aggressive.

SheliaH (Indiana)
Posts: 6,964

Posted:

There are city and/or county regulations requiring dogs be leashed,so you could mention that (if you do it while in the community, it'll be easier to remember if you take Fang to the bark park - unleash the beast when you get there).

As a practical matter you should mention common sense aspects of leasing your pet - it can prevent the dog from running into the street and causing an accident or being hit . Is it eeffective? Nothing in life is predictable or guaranteed - this will work for some people, others will have to face the consequences of not complying. As others gave said start enforcing the rule and be consistent and fair. You'll Dea, with everything else as it comes.

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

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Check state law to ensure that all pets are considered property of the pet owner, who would be liable for bites as long as the HOA duly asks/demands leashing and communicates clearly.

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