CjP2 (Idaho)
Posts: 33
Posts: 33
Posted:
Apologies for the length of the post. I've tried to include details for clarity.
I moved to a gated, 55+ community about a year ago and am still learning which CC&Rs the HOA Board is willing to enforce and which ones they are not. Thatās another issue altogether, but so far my relationship with our Board and Architectural Committee has been mostly positive. One recent issue concerns free-roaming cats that wander through my back yard regularly. At my previous homes I have always set out a Trail Camera to capture pictures of birds, squirrels, and other wildlife, but at this home Iāve also captured numerous pictures of a literal Cat Parade consisting of five regular feline visitors in my back yard mostly at night. I have no idea who the pet owners are. The males mark their territory frequently, which so far has only included my shrubs, but I fear that my patio furniture will be their next target. My back yard canāt be fenced because of a 10-foot utility easement, the cat repellents Iāve tried donāt work, and the city where I live in Idaho has no ordinances or laws that address stray cats. It is legal for cats to roam freely, and as horrible as this sounds, itās also legal to trap the cat and kill it on your property. It sounds like my only humane option is to trap the cat and haul it into the local animal shelter myself, which carries issues of its own.
Here is what our CC&Rs say about Livestock, Poultry, and Pets:
āNo animals, livestock, or poultry of any kinds shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets maybe kept provided that they are not kept bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city, and county laws, rules and regulations. No more than 2 household pets shall be allowed per Dwelling Unit, i.e. two (2) dogs, or two (2) cats, or one (1) dog and one (1) cat. No pet shall be taller than 14 inches at the shoulder or weigh more than thirty-five (35) pounds. All household pets shall be confined to that area within the boundaries of the lot or kept on a leash. No dog runs or kennels shall be permitted within the Property. No restriction contained herein shall be interpreted to prohibit any assistance animal that by law is exempt from the provisions of Declaration, e.g., a āseeing eyeā dog or similar animal.ā
I sent a very nice email to the HOA Board, along with photos of the offending cats, with a concern about the potential of free-roaming cats being accidentally poisoned from outdoor plants or other substances people might leave outside. The Board forwarded my email to all of the residents (which I was hoping they would do). I saw zero cats for about a week, and then they were back in my yard marking their territory as usual. So I sent a second email to the Board with updated photos and an official complaint referencing the CC&Rs. The Boardās response was: āWe are not in the animal control business. Your options are to use animal repellent or contact the local animal control agency. To file an HOA complaint, you would need to catch the cat and prove it belongs to your neighbor.ā The problem is that our local animal control agency does not divulge who owns the cat, and the HOA would need to contact the agency to find out who owns it, but I don't think they want to be involved. Since I can't determine who owns the cats, thereās no way to send any violation notices.
I totally understand the complexity of the stray cat issue. Until a shelter can scan for a microchip or the cat has a license and collar, itās almost impossible to know if the cat is owned by someone in the community or if it is wandering in from outside the area. But based on the CC&Rs, the HOA Board already knows the number and type of pets each homeowner has, but apparently they are unwilling to help manage the cats.
I would appreciate anyoneās perspective on this issue or solutions that have worked for you. Iām an animal lover who believes in their humane treatment, but this one is challenging for me. Thank you for any insights.
I moved to a gated, 55+ community about a year ago and am still learning which CC&Rs the HOA Board is willing to enforce and which ones they are not. Thatās another issue altogether, but so far my relationship with our Board and Architectural Committee has been mostly positive. One recent issue concerns free-roaming cats that wander through my back yard regularly. At my previous homes I have always set out a Trail Camera to capture pictures of birds, squirrels, and other wildlife, but at this home Iāve also captured numerous pictures of a literal Cat Parade consisting of five regular feline visitors in my back yard mostly at night. I have no idea who the pet owners are. The males mark their territory frequently, which so far has only included my shrubs, but I fear that my patio furniture will be their next target. My back yard canāt be fenced because of a 10-foot utility easement, the cat repellents Iāve tried donāt work, and the city where I live in Idaho has no ordinances or laws that address stray cats. It is legal for cats to roam freely, and as horrible as this sounds, itās also legal to trap the cat and kill it on your property. It sounds like my only humane option is to trap the cat and haul it into the local animal shelter myself, which carries issues of its own.
Here is what our CC&Rs say about Livestock, Poultry, and Pets:
āNo animals, livestock, or poultry of any kinds shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets maybe kept provided that they are not kept bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city, and county laws, rules and regulations. No more than 2 household pets shall be allowed per Dwelling Unit, i.e. two (2) dogs, or two (2) cats, or one (1) dog and one (1) cat. No pet shall be taller than 14 inches at the shoulder or weigh more than thirty-five (35) pounds. All household pets shall be confined to that area within the boundaries of the lot or kept on a leash. No dog runs or kennels shall be permitted within the Property. No restriction contained herein shall be interpreted to prohibit any assistance animal that by law is exempt from the provisions of Declaration, e.g., a āseeing eyeā dog or similar animal.ā
I sent a very nice email to the HOA Board, along with photos of the offending cats, with a concern about the potential of free-roaming cats being accidentally poisoned from outdoor plants or other substances people might leave outside. The Board forwarded my email to all of the residents (which I was hoping they would do). I saw zero cats for about a week, and then they were back in my yard marking their territory as usual. So I sent a second email to the Board with updated photos and an official complaint referencing the CC&Rs. The Boardās response was: āWe are not in the animal control business. Your options are to use animal repellent or contact the local animal control agency. To file an HOA complaint, you would need to catch the cat and prove it belongs to your neighbor.ā The problem is that our local animal control agency does not divulge who owns the cat, and the HOA would need to contact the agency to find out who owns it, but I don't think they want to be involved. Since I can't determine who owns the cats, thereās no way to send any violation notices.
I totally understand the complexity of the stray cat issue. Until a shelter can scan for a microchip or the cat has a license and collar, itās almost impossible to know if the cat is owned by someone in the community or if it is wandering in from outside the area. But based on the CC&Rs, the HOA Board already knows the number and type of pets each homeowner has, but apparently they are unwilling to help manage the cats.
I would appreciate anyoneās perspective on this issue or solutions that have worked for you. Iām an animal lover who believes in their humane treatment, but this one is challenging for me. Thank you for any insights.