New Member deadly allergic to cats

Started by HaleyH • 10 replies • 172 views

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HaleyH (Illinois)
Posts: 67

Posted:

Asking this question for a new member: She moved into our small 17 unit townhome community which is self managed in August last year. Soon after her move-in, she was surprised to see random cats walking on her deck and yard. (Members own their building and the land property). She has a very serious cat allergy which has placed her in the hospital. This has happened twice and the hospital staff had a difficult time bringing the allergy under control - life threatening.
She asked me about the cats and I told her to take pictures and inform the Board of her serious situation. The cats belong to the adult child of one of the members, who lives with her mother. The Board spoke to the cat owner and explained the seriousness of letting their cats roam free and the impact it could have on the new member. The cats continue to roam and so with the Boards advice the new member called the police who spoke to the cat owners. Police said if it happens they will get a citation along with a fine.
If the new owner does have a potentially deadly allergic reaction, could she sue the Board? Could she sue the cat owners? all her communication to the Board is documented and now the police are involved. Police are in agreement that the local community rules protect her from having someone's cats being on her property. The HOA rules point out how to handle dogs; on leash, clean up etc, but no rules addressing cats.
Please provide your thoughts.

JackS20 (North Carolina)
Posts: 271

Posted:

motion detection water sprinklers seem like a good cheap investment, but they wont' work when/if it freezes

ElleN (Idaho)
Posts: 1,335

Posted:

Do the covenants say anything about animals? Please quote exactly what the covenants say about any animal.

When you say "rules," what do you mean? Are these rules board-created? Or do you mean covenants?

If the owner documents carefully (with say film footage) cats on her property; this violates the covenants; and the board refuses to go after the cat's owner with say a warning and then a fine, yes, the board and HOA could be found liable for any damages (harm quantified in dollars) the women suffers.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Has there been an issue after the police talked to the owner of the cats?

If not, it appears that the issue may be resolved and I wouldn't do anything until there is another incident.

If there has been another incident, the fix is the police again. Additionally, the board could consider this a nuisance activity and take appropriate action.

Regarding the actual question - the saying goes, you can sue a ham sandwich.
So if something happens could the Association and the cat owner face legal action? Yes. A good attorney would take action on both parties, mainly because it is perceived that Associations have deep pockets (or at least good insurance).

KellyM3 (North Carolina)
Posts: 2,239

Posted:

The HOA should do exactly as it's doing. Ultimately, free-range pets are a city statute issue that the HOA's rules do not override. The HOA has no right to enter the violator's property to trap the cat and there should be no reasonable expectation that the HOA closely track a cat owner.

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

Posted By KellyM3 on 04/08/2025 8:59 AM
there should be no reasonable expectation that the HOA closely track a cat owner.

Except for those pesky things called covenants and which may prohibit pets running loose.

CathyA3 (Ohio)
Posts: 6,299

Posted:

We've found foxes, coyotes, and great horned owls to be very helpful. Avian influenza is also showing promise.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By ElleN on 04/08/2025 9:18 AM

Posted By KellyM3 on 04/08/2025 8:59 AM
there should be no reasonable expectation that the HOA closely track a cat owner.

Except for those pesky things called covenants and which may prohibit pets running loose.

Elle,

What are HOA directors, in real life, gonna do about someone letting their cats outside? You're going to call animal control. HOA Fines and pestering is ridiculous when city laws carry real teeth.

ElleN (Idaho)
Posts: 1,335

Posted:

Wendy, I think fines carry real teeth. Also I think the board's requiring the accuser to take video footage is a lot easier than getting Animal Control to trap a cat.

ElleN (Idaho)
Posts: 1,335

Posted:

In many (all?) areas, I understand Animal Control will capture cats only if the cat is injured or has bit someone.

DeanJ
Posts: 1,786

Posted:

Sounds simple to me. Pass a regulation on free roaming pets, fine $100. Bet the $2 cats disappear.

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