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AlexL1 (Florida)
Posts: 305
Posted:
The situation here is serious. Has there been any good solution to the problem of residents (mostly renters) who let their dogs out to do their doo doo job and do not clean up afterwards? They also (in many cases) open their condo door, let the dog(s) out without a leash.. the dogs do their job and then come back into the condo unit. There MUST be a good solution to the problem.Even though these thoughtless individuals let their pets out just for 2 minutes to do their job, can the city animal control be called on them? There must be a way to make them pay and pay big time.
MicheleD (Kentucky)
Posts: 4,491
Posted:
It might be a good time to invite the local Animal Control representative to your next homeowner meeting and he/she can go over the legal responsibilities and duties of pet owners regarding leash laws and public pooping.

That way you can cover the important parts in a follow up communication to all members, and include your CC&R verbiage that covers the HO responsibilities unique to your HOA as well.

This won't solve the problem, but at least the people causing the problem will have some warning before they are visited by an Animal Control officer or receive a fine, once their pet's leashless activities get reported.
AlexL1 (Florida)
Posts: 305
Posted:
Michelle:The major problem is that so few people attend meetings and certainly NOT the many many who are irresponsibly letting their animals out.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I understand that.

Nobody sees themselves in those sort of presentations anyway. The point of bringing in Animal Control for the education session was more for the rest of the community.

The point was to raise awareness of what can be done to those who do attend, who will no doubt go home and gossip amongst themselves regarding the people they see do this. Word will spread that 1) these "habits" are not only against the CC&Rs (if they are), but are against city/county ordinances as well, and 2) there is an avenue for reporting such situations.

Couple that with the letter/newsletter that hits the highpoints that will get to the people who do this, then they are somewhat "on notice" that there are others who are also aware of the activity and they may get a visit from an Animal Control officer or a fine (if against the CC&Rs) if the situation continues.

Your main question should really first be posed to your Animal Control Officials.

Not only can they clarify what is a violation but how to report it and what the consequences likely will be.

Keep in mind that bad behavior like this is very difficult to curtail. But your first step, as you are doing, is to gather the background information to determine exactly what your options are to address the issue.

I know that homeowners expect the board to step into almost any situation or scenario that happens within the neighborhood, but, unless it is covered in your CC&Rs, it's best to let the authorities who do have jurisdiction handle it.

The role the board would take, then, would be to help educate the homeowners regarding what they can do themselves to help remedy such situations. In this case that would mean that once they know that letting dogs out without a leash is something that Animal Control handles, the next time they see that, they can call Animal Control instead of a board member, who has no jurisdiction over such an infraction.

Sometimes better educating your members as to what the board can and can't do, and better educating them as to how they can empower themselves is a fine goal in and of itself!
GlenL (Ohio)
Posts: 5,491
Posted:
Some communities have a Neighborhood Watch; you could form a Neighborhood Poop Watch. So many people have cell phones with video capabilities, film Fido doing his business and leaving and you have proof. Providing it is against your documents you could then fine the offenders (H/O if they are renters) or a stealthy deposit of the offending material to their doorsteps in the middle of the night works too, as long as you don't trespass.

Studies show that 5 out of 4 people have problems with fractions
MikeF4 (Texas)
Posts: 26
Posted:
If you see the door that the dog goes in why not knock on it and have a conversation with the owner/occupant? People hate to be called on their bad deeds, shame is a powerful tool when used properly.

Do it calmly but get your point across that this sort of behavior is unacceptable and make it a point that they need to come out and clean their mess right then.

www.silveradohoa.com
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By AlexL1 on 01/13/2009 5:45 AM
The situation here is serious. Has there been any good solution to the problem of residents (mostly renters) who let their dogs out to do their doo doo job and do not clean up afterwards? . . . There must be a way to make them pay and pay big time.


Since the problem is about renters (for the most part) not owners, one thought might be to ask the association board or manager to send a letter to individual unit owners--not the renters--pointing out the owner's responsibility for the behavior of their tenants.

I would suggest, however, that you do all that you can to avoid the appearance of being vindictive. "Big time" sounds more like an effort to seek retribution than an attempt to solve a persistent problem.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Alex,

Has the board thought about installing those "pet waste" stations (that provide plastic bags) throughout the community? I still see a few dog-walkers w/o plastic bags; but mostly the bags are being used. Only downside is that the waste stations are constantly being vandalized and the bags stolen. Guess there's never a simple solution!
JosephW (Michigan)
Posts: 882
Posted:
Sometimes you just have to try different things to see what works. In some associations the board has purchased stands with bags and a scooper and placed them around the association (cheaper than paying to have it constantly cleaned up).

Another item is to hire a company (http://www.pooper-scooper.com/) to clean up and charge the owner when you know which dog caused the problem. A few bills and the owner will probably stop renting to people with pets. When you can't identify the problem dogs accurately, let the other owners know that its costing them to have to pay for someone to clean up and to help you identify the offenders.

If they just let them out, then your association should have a leash rule, so that pets can't run free. Check with your local government as to their pet ordinances, and write the rule to copy theirs. Then grant the animal control people permission to enter the property to enforce their ordinances and have your owners call them when they see a dog running loose. (Michelle, in some jurisdictions, local government people won't enter private property to enforce some ordinances. Often, it's just an excuse not to add more to their work load, but there is often a misunderstanding as too what they can and can't do on private property. Police and fire will enter when public saftey is at risk, but how often have police ignored noise or parking issues when it comes to associations and private streets. It's always a gray area, so usually I recommend that the board write to the various agencies giving them permission to enter the association to enforce things, i.e. code enforcement on construction, animal control, etc.)

Joe


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AnnaD2 (Florida)
Posts: 960
Posted:
Alex, what exactly do your RULES say about this? Would it be ok for a dog owner to have the dog on a leash and go out the door with them to do their business? Is the problem that the dogs go outside alone, or is the problem that the dog owners don't pick up after them?

Our rules state that no animals are permitted on the property at all. Ever. Dog owners have to carry their pets off the property to do their thing. Others have trained their pets to use indoor "pads".

Our rules also state than non-compliance will result in them getting rid of the dog. We had ONE owner consistantly challanging us and all it took was one letter from our attorney and low and behold, the dog now "goes" in the house.
BrianK1 (Colorado)
Posts: 54
Posted:
Quote:
Posted By JosephW on 01/13/2009 7:43 AM
Another item is to hire a company to clean up and charge the owner when you know which dog caused the problem. A few bills and the owner will probably stop renting to people with pets.

Is there a solution in our existing Covenants? The Declaration specifies a remedy "In the event any Owner of any Lot shall violate any Association Rule or Regulation which shall result in damage to any part of the Common Area". The remedy is for the Board, after notice and hearing, to "assess the cost of repair of such damages against the Lot of the Owner" and that "Such assessment shall be added to and become part of the Assessment to which such Lot is subject". Would I be stretching it too much to claim that dog manure is damage to the common area lawns?
JosephW (Michigan)
Posts: 882
Posted:
By hiring someone to clean up, you can show an actual cost. Check to see if local government has a pet law that mandates clean-up, and you then have a basis for your action. You are simply doing the same thing the town is doing, and as your documents require you to do.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

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SusanW1 (Michigan)
Posts: 5,202
Posted:
This is a health and safety problem and will be a landscape problem. That's reason enough to assess all dog owners a fee to help pay for one of these "Pooper-scooper" companies to come in and clean up after dog owners who disrespect the HOA property.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Alex,

You said that the problem is mostly with "renters." Do you know that for a fact? If people are seeing that it is indeed the dastardly "renters", then fine them, send them letters, go after them because with proof, you can. Otherwise, I think that we tend to blame the unknown as being renters. Not all renters leave their doggie doo doo behind. I'd bet that owners do it on an equal amount.
EllenS1 (Florida)
Posts: 1,148
Posted:
Glen,

I like your solution. Animal Control can't be expected to be there while the dirty deed is done. Perhaps a picture of the dog doing his business along with the unbagged crap at the doorstep may make a statement. Let them step in it when they go out to pick up their paper or whatever. After a bunch of "deposits" they may get the idea.

I am a huge dog lover but never left my 74 pound dog leave his doings for others to deal with.
EllenS1 (Florida)
Posts: 1,148
Posted:
George,

Our problem is not with renters but owners. It's not about being vindictive... it is about being considerate of ones' neighbors. I'm getting a little tired of blaming renters. I had one couple who rented next to me for over two years and they were more considerate than the owners of the property who could have cared less as long as they collected the rent. Let's stop labeling.
EllenS1 (Florida)
Posts: 1,148
Posted:
Mary,

I'm very proud of my daughter and grandson. She is pres of our hoas and let owners know there was an area in our park area with bags for disposal of their dogs left behinds. They put in an area with bags to use, a garbage can for deposits and every week my grandson, 15, drags the can across the street to his house so it will be picked up. This has improved things but unfortunately there are still some who could care less about others.
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

Thank you..thank you..I am so sick and tired of blaming renters. I had a renter next door for over two years who entered into many hoa activities and followed the covenants more than many owners. I rented for a couple of years and left the properties beter than when my first lease was signed. It's not about who owns or who rents. Actually I am a bit afraid of the present "owner" who cares nothing about our covenants as long as she gets her rental check.
BarbaraD6 (Florida)
Posts: 347
Posted:
WE also have this problem. Renter and owner! WE have installed those doggie stations(I was the only bod not to vote for it), but like I keep saying those who picked up before will and those who did't won't. I get sooo mad when I walk my dog and there is "a present" on my lawn. I have always cleaned up after my dog and he's a chihuahua 4lbs(doesn't leave a big present. Their is piles of it up and down our streets. People compain but won't turn the violaters in so something can be done. Calling in a "present" cleaner is a good idea,when your hoa can afford it.
Barbara
EllenS1 (Florida)
Posts: 1,148
Posted:
Michele,

I doubt that most people who are letting their dogs do this are unaware that it is not acceptable. They just don't give a sh-t. I also doubt they are the type of owners who bother to attend meetings.

Do your docs allow for fining for this type of thing? If so, take pictures when you can and send it along with a violation notice and fine.

I would definitely send out some type of notice to all members.
EllenS1 (Florida)
Posts: 1,148
Posted:
Michele,

Your heart is in the right place but I don't think it has anything to do with education. The offenders know they are not doing the right thing. Animal control should be used for dangerous animals, etc. I've seen owners who pull their dogs away in the middle of doing their business if they see me coming. I'd suggest:

(1) Have a station with plastic bags and a garbage can to be used by owners to pick up their dog's business.

(2) Bag it and deposit it on the owners yard or better yet in front of their door so they will have a "wake up" call in the morning.

(3) If you are a walker and see this happening approach the owner and give them a bag saying something like "I think you need this". Just a couple of thoughts.

We had a neighbor here and every time the next door owners let their dog do their busines in her yard she simply took it back to them and said "I think this belongs to you". It worked. Shame can work.
EllenS1 (Florida)
Posts: 1,148
Posted:
George,

Where did you get info that it was renters (for the most part) that do this? Most of our poop offenders are owners.
EllenS1 (Florida)
Posts: 1,148
Posted:
Anna,

I'm glad I don't live on a property adjacent to yours. "Dog owners have to carry their pets off the property to do their business"...It is very simple to carry a plastic bag and scoop the poop. It seems to be all about inconsideeration and laziness. I lived with a 70 pound dog and never had a complaint. That is what is so maddening the solution is so simple. There has to some way to shame this type of owner.
EllenS1 (Florida)
Posts: 1,148
Posted:
Actually not most of our offenders owners but 2 are board members.
KirkW1 (Texas)
Posts: 1,665
Posted:
As for the dogs that are let out to do their business the answer is relatively easy. Go get the dogs and turn them in to the pound as a stray. The people will start paying attention if their precious fido keeps making a trip to the pound.

Other things that can be done is to mount a camera where the deeds are often done. Then hit the people with a fine when the leave the stuff on camera.

Another option would be to pass a regulation that creates a monthly pet fee for each dog and cat owned. The pet fee would be used to pay for a service to clean the mess up. Some would complain, but as the figured out that someone was being paid to clean up the mess they might be ok with it.
AnnaD2 (Florida)
Posts: 960
Posted:
Hi Ellen!

Let me explain a bit further. Our original rules stated NO PETS OR ANIMALS OF ANY TYPE ALLOWED. That came from the developer. The same developer that told people "oh sure...you can have a cat...no one will ever know." They said this to several buyers when trying to quickly sell all the units.

Fast forward---developer gone---first Board of Directors. Those of us who lived here while it was a rental, then a condo, started complaining about all the animals. The Board was upset because the developer fibbed to all the people about being allowed to have pets. So the new Board made a policy stating: ONLY 100% INDOOR pets are allowed. 15 pounds or less. That was to allow those who have cats, birds, fish, etc. to rightfully own them, but not to be seen, or to bother other people.

Naturally people have purchased 15 pound or less dogs. I'm sure if there was a 15 pound horse someone would get one. We certainly don't encourage people to take their dogs to the neighbors yards to do their business. But people DO carry their dogs out to the sidewalk for their walks; people DO carry their dogs to their cars; two even have cute little doggie strollers for a trip to the dog park in our neighborhood.

AlexL1 (Florida)
Posts: 305
Posted:
It seems like ages ago that I first posed that question and still no real solution. I ws wondering also if a letter to could be sent to all the owners of the units (wherever they are) and inform them that effective a certain date, letters will be sent to the owners if any dog from their unit is caught out without a leash and/or the person with the dog allows the dog to leave the doo-doo without picking it up.. The letter would be sent with a fine of $100 for each time that the person from that unit is caught violating the pet rule. Perhaps that might bring some action?
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By AlexL1 on 02/22/2009 8:10 PM
It seems like ages ago that I first posed that question and still no real solution. I ws wondering also if a letter to could be sent to all the owners of the units (wherever they are) and inform them that effective a certain date, letters will be sent to the owners if any dog from their unit is caught out without a leash and/or the person with the dog allows the dog to leave the doo-doo without picking it up.. The letter would be sent with a fine of $100 for each time that the person from that unit is caught violating the pet rule. Perhaps that might bring some action?

Do consider the need for evidence. When fines are pushed high enough, they lead easily to contested court cases. Without documentation or witnesses willing to testify, it becomes a "he said/she said' situation that courts dislike with a passion. You will need to prove ownership or control of the animal in question, and you will need to provide documentation that the disagreeable droppings actually came from the animal in question.

Maybe the installation of security cameras would be advisable.

SteveM8 (Hawaii)
Posts: 2
Posted:
HOA rules give you some options. It is not surprising that the majority of sinners appear to be renters. It is easy for a renter to feign ignorance of HOA regs. Not knowing the specifics of your community, here are some thoughts..

1. Board can issue a resolution that there will be a fine to violating owners. That needs to go out to all, especially the non-res owners who may be out of state.
2. While it can be contentious, the board can also offer rewards to reporters of violators. If noting else, it establishes trends of behavior by certain owners. Even if it leads only to notices to renters, the pressure can then be applied by the actual owner, who remains responsible for their adherence to rules. Of course with cell phone technology these days, an observing owner need not be identified if he/she produces the actual 'offense' in flagrante....
3. If feasible, cameras can be installed and or security monitors can be used. The cost can be charged to all owners, and made known that the cost is attributable to the need for enforcement of covenants.
4. Use the community; a neighborhood watch of sorts can be used to help monitor areas, and gives the complainants an opportunity to walk their talk.

Actually, the doggie problem is just one example of all rule violations; the solutions generally reduce to similar steps, as I've experienced in living in such situations for 30 years.

steve mullins
Kaneohe, HI
SteveM8 (Hawaii)
Posts: 2
Posted:
An additional thought; initial fines don't need to be high. Rules can be set that after 3 violations, certain actions can be taken. The owners are the ones who need to get the message - they have signed a commitment to follow HOA rules upon their purchase of property.
I forgot the education factor. It is a very good idea to set up some sort of intro/familiarization session for new residents, owners & renters, with some highlights of rules. Fosters a sense of community, but also kinda puts them on notice for recurring issues. That eliminates the pleas of ignorance..
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
This thread is a great example of the difference between how renters and owners perceive and act upon their residential living accommodations. The problem is mostly with renters, but the responsibility is with owners.

For the long term, it may not be at all healthy to have a community with a significant mix of resident owners and renters.
RussellC (Arizona)
Posts: 5
Posted:
Some excellent suggestions: dog-specific areas, baggies & receptacles, surveillance cameras, fines. You can't rely on animal control. I did not see a suggestion to attempt to amend the CCRs to eliminate pets. It may not pass, but the publicity would help mobilize the community to confront offenders rather than allow them to risk loss of pet ownership.
EllenS1 (Florida)
Posts: 1,148
Posted:
Anna.

I suppose what confused me was your saying "dogs have to be carried off property to do their business". Leaving their little presents behind on sidewalks or dog parks doesn't seem like the ideal. I used to take my large dog to the dog park where they had plastic bags for pickup and garbage cans that were emptied weekly. It seemed to work. As much as I love dogs I don't appreciate seeing their left behinds. As usual it is not the dogs but the irresponsible owners and they will always be with us.
EllenS1 (Florida)
Posts: 1,148
Posted:
Alex,

This sounds like a perfect solution IF you can fine.
MarciiaB (New Mexico)
Posts: 36
Posted:
This is a universal problem in any area. Our covenants address immediate clean up and that the pet must be on a leash. We also expanded our restrictions in our Rules and Regulations. We limit pets (cats or dogs) to 3 maximum. No Pit Bulls or animals that could be considered wild or dangerous.
We began with notices in the Info Board, then letters to "all known dog owners", then finally warning letters to the owners of the units where the offending pooches resided. The warnings were based on observance of the pet doing it's business and watching the owner walk away. The viewer then went to the spot to verify there was indeed a "present" left behind. In one case, the observer shouted to the pet owner as he walked away and told him to make sure he cleaned it up!
After the letters were sent, one pet owner confronted the HOA president in her driveway waving the warning letter forwarded from the owner. She insisted they always picked up after their pet. The other pet owner showed up at the President's door to state that they were being evicted because of the warning letter and that he really had planned on coming back to clean it up. It seems their lease did not allow pets and once the owner forwarded the warning to the PM, steps were taken. Both cases were renters.

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