Board member’s dogs kill member’s livestock

I forgot to mention the DA is prosecuting for negligence. Not sure exactly the charges.

From looking at the D-S site, I think the only possible path to removal by the board is if the HOA insurer steps in and says it cannot insure the HOA with this person on the board.

Else the membership can always remove the director via a recall election.

Well the dogs were put down the same day. These were problem dogs that had attacked before. The association could have serious liability over this.

What Dean said. If the board member lets his or her dogs rum amok, do an investigation, send a violation notice and follow your policies with appeal rights, fines and all that. All this time you've been on the board and someone still needs to explain this to you???

The owner shoukd also know board members leave if they step down, get voted out or are recalled. Right now this is more of a dispute between residents, so the owner of the donkeys could sue for damages - maybe the ensuing fallout might prompt a resignation. If you think this deserves a censure from the rest of the board, call an executive session, make your case and the board can vote on it.

The donkey was in his pasture. The dogs had attacked him before and attacked 3 separate families. We have all sorts of livestock. Large parcels and Ag transition zoning.

This isn’t a major liability issue as you suggest.
I don’t see the HOA being held liable because the owner of the dogs was a board member. Even if the HOA was held liable, what is the value of a donkey?

I don't care if this is a board member - if rules were broken, he or she is just liable as another homeowner. Do YOU have a problem with holding him/her accountable Or is this a board member you don't like for whatever reason and see an opening to get him/her tossed?

You want a censure from the rest of the board, you can try my suggestion and maybe you'll get what you want. Otherwise, I agree with Dean (except the part about the donkey). This isn't a board issue, so stay out of it. If this member tries to sue the association for this, address it when you get the lawsuit.

And put something on the community website and/or newsletter, reminding everyone to pay attention to their animals and don't let them wander off, make sure they have all their shots, etc.

Regardless of where I live, the liability issue doesn’t change. The negligence of letting the dogs run free was not an official act of the board member and the HOA isn’t liable for failing to enforce the rules.

Standard donkeys are valued at $500-1000 dollars.

Thanks for the advice. The next time I get crab grass in my yard I will sue the HOA for not enforcing the invasive weed rule on my neighbor.

I think it would depend on:

1) The wording in the documents.
2) Level of enforcement to satisfy fiduciary duty.
3) Available funds to enforce.

As an example:

Our documents only specify that it would be lawful for the association or any owner to enforce.
No requirement to do so.

Additionally, the Association does not have the funds for a court case and, believe it or not, no way to acquire the necessary funds (as it takes 2/3 membership approval to increase the yearly maintenance fee and there is zero authority for the board to impose a special assessment). We could afford to pay an attorney to send a letter but not for any followup action or (to be honest) for the attorney to respond to a response of their letter. Therefore, the most the Association can do is send a letter and, if a board is so inclined, bluff potential legal action.

There has to be financial damage. If the dog owner’s insurance pays for the loss, how is the donkey owner damaged for this breach?

He doesn’t get to collect twice.

You do that.

It does not change the facts that liability is a risk when a board does not enforce the rules, covenants et cetera. The stakes are small here. But they can be quite high in other instances of a failure to enforce the rules.

It’s not contract law; it’s equitable servitudes.

Now, the dog-owning board member has demanded that within 90 days the board adopt a Code of Conduct/Ethics. Now I've heard everything.

Example: information discussed during all board meetings shall remain confidential unless required by law.
And...all members must sign a receipt saying they understand the code of ethics.
And...disciplinary actions may include warnings, fines, or removal from the board depending on severity of the violation.
And...foster a sense of engagement and community belonging.

I expect your covenants and bylaws are silent as to a code of ethics. This means a court would not enforce a fine or removal from the board based on a violation of any code of ethics.

I am betting you know this. Just saying.

new law last year civil code 5850 d) (1) Notwithstanding subdivision (c), the board may impose a penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation that is greater than one hundred dollars ($100) per violation, if the violation may result in an adverse health or safety impact on the common area or another association member’s property.