HOA and Pit Bulls

Started by AbbyD • 12 replies • 3150 views

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AbbyD (Ohio)
Posts: 1

Posted:

Here in Ohio, all owners of pit bulls are required to have $100,000 liability insurance on the dogs. If the owner does not have insurance, is the HOA responsible for 1) any liability if owner does not have insurance, and 2) is it also the HOA's responsibility to make sure the owner has this pit bull insurance?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Abby,
From your post, the State of Ohio has mandated insurance coverage of $100,000 to owners of Pitts? Then it would be the HOAs business to have proof of such coverage from any resident within the HOA who has that breed of dog. Failure to check for coverage might become the liability of the association in the event of a case against a dog. My Florida association requires and has copies on file of all homeowner and tenant insurance policies.

BrianB (California)
Posts: 2,820

Posted:

Donna, is that really correct, that because the state requires it, there is some legal obligation on the part of the HOA to enforce it? (I am not disbelieving you, this is just a surprise to me...Has there been case law or judgements on this?).

In California, the state mandates that car owners have liability insurance. Does the HOA have a legal obligation to check owner's insurance records for that too? How far does this obligation extend?

MaryA1 (Arizona)
Posts: 7,043

Posted:

I, too, wonder if the HOA would any liability if a pit bull owner failed to comply with the state law. Seems to me the dog owner would be in violation and subject to whatever penalties are attached to that law. On the other hand, when HOAs portray the image of providing security to their members, if a pit bull attacked someone the HOA could be held liable for not providing the necessary security to prevent that attack. I've always felt HOAs should not enter into the security business.

DarylF (Washington)
Posts: 157

Posted:

I think it would be quite a stretch for someone to sue an HOA for a pitbull attack.

GeraldT4
Posts: 1,022

Posted:

An HOA must comply with federal, state, and local laws. The alternative would be that an HOA is an island onto itself where laws of the real world don't apply. Bad enough that thought process is as prevalent as it is, don't you think?

KevinK7 (Florida)
Posts: 1,343

Posted:

I wouldn't imagine an HOA being liable for a homeowner's dog if uninsured unless the covenants/by-laws/etc. specifically state insurance must be held as a condition of membership and any incident were to occur on HOA/common property... then I would think it to be reasonable to hold the HOA liable since there were precautions established in the governing documents.

KathyR3 (Georgia)
Posts: 2

Posted:

My townhome is in a new subdivision. We don't have a HOA board, yet, so the builder is the acting board. One of the homes here was rented out, and the renters have a pit bull. Our bylaws clearly state that pit bulls are not allowed. We have had several problems with this dog, in addition to the safty issue. The owner of the rented property lives out of state, and the builder is unable to contact him. I have contacted animal control several times about the dog being outside, (I have pictures) unrestrained; the owners of the dog were given a written warning / letter, but the act continues. The dog is usual out for a short period of time, so, if I called the police, the dog would be inside by the time the police got here. The dog leaves huge bowel movements everywhere, and of course, the dog owner does not pick them up. We decided on the place because we love it, and because of the bylaw banning pit bulls.
What can I do to enforce our bylaw? I live in Georgia, Gwinnett county.
Thank you.

EllenS1 (Florida)
Posts: 1,148

Posted:

Check the tax rolls with your county to get the address where the tax bill is sent. Then send a letter certified and by regular mail to inform them of what is going on. If this doesn't work send another letter with the amount they will be fined until the problem is taken care of. (That is if your docs allow for fining). Where are the assessment bills sent? In this day of computers it is quite simple to find a person's address.

KathyR3 (Georgia)
Posts: 2

Posted:

We have the address of the owner, but the owner of the rented townhome does not respond. The builder has sent several letters. This has been going on since December, and I have been trying to find out what I can do, legally, to fix this problem. I am only one of the homeowners; the builder is acting on behalf of the board.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By KathyR3 on 03/14/2009 6:52 AM
We have the address of the owner, but the owner of the rented townhome does not respond. The builder has sent several letters. This has been going on since December, and I have been trying to find out what I can do, legally, to fix this problem. I am only one of the homeowners; the builder is acting on behalf of the board.

I think it's time that the owner receive a notice from an attorney, this time, reminding him of his obligation to conform to the CC&Rs, and if the obligation is not met, informing him that if legal action is required to compel compliance, that he could very likely also be required to pay the association's legal fees.

As long as he knows he's only going to be bombarded with pieces of paper, he can handle that no problem. Just toss'em in the trash.

But if he has to hire an attorney to defend against a lawsuit, he may feel more inclined to live up to his obligation.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By DarylF on 03/12/2009 11:56 AM
I think it would be quite a stretch for someone to sue an HOA for a pitbull attack.

In today's world, lawyers take a shotgun approach to suits. They sue everyone who might have an interest and see who pays. So its not a stretch anymore.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Very true and when they don't know someone's name or think they may have missed someone, they include "Jane" or "John Doe" in the suit!

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