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BarbaraD6 (Florida)
Posts: 347
Posted:
Last month the members talked about they want only dogs a certain weight to be allowed in the community. Does your community limit dogs by weight, if so what weight?

thanks
Barbara
BonnieE (Illinois)
Posts: 338
Posted:
Hi Barbara,

We tried that and found it is impossible to enforce - plus it did not address the problem (doggy poop and damage caused by urine). We ended up revising our Rules/Regs to be the same as our Village Ordanance on pets. And upped our fine schedule for rule violations. We also repair damaged turf and charge back the HO when we can "show" their dog caused the damage.

Hope this helps,
Bonnie
DianeW (Maryland)
Posts: 147
Posted:
Personally I feel pet owners should be responsible for picking up after their pet. You walk the dog, you watch it eliminate, you pick it up and dispose of it appropriately. Special "elimination" trash cans placed strategically with special bags makes the end result work for most. No dogs should be allowed to roam freely in any Association setting. That being said, what do you do about cats because they are notorious for going where and when and I have yet to see someone walk a cat on a leash. Hard to place restrictions on one animal and not the other though.
BonnieE (Illinois)
Posts: 338
Posted:
We have leash laws (Village) and rules (HOA). So, cats must be on a leash - and, yes, I have seen it done. There are also pet strollers, have seen them, too....lol
BarbaraD6 (Florida)
Posts: 347
Posted:
Bonnie and Diane,

They are not so concerned with the poop(although its a hugh problem) as much as safety concerns with the large breed dogs.

thanks
Barbara
BonnieE (Illinois)
Posts: 338
Posted:
Weight is still near impossible to enforce (I seem to recall this may have been discussed here previously). As for safety concerns, require a dog to be on a leash no longer than 8 feet (or whatever length your Board decides is appropriate)and be attended by the owner at all times. A small dog can hurt someone too.

Good luck!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,

We also had a weight limitation in my S. Florida HOA. These were pretty large lots for the homes so there was lots of space and we could accomodate large dogs. Our CC&Rs read 2 dogs, totalling not more than 120 pounds. Well, what the heck would we do to enforce that. Someone could have 2 large thin dogs or someone with 2 medium fat dogs. It took the Board less than 1 year to remove that. Weight limits are absolutely not realistic.Either you allow dogs or you do not. Leashing and fencing is the only sure fire way to enforce the dogs being under control.
MikeV (New Mexico)
Posts: 31
Posted:
Weight restriction is a ridiculous notion if you are talking about "safety". What is unsafe about larger/heavier dogs? Some of the kindest, gentlest dogs are larger in size (retrievers and great danes for example) and would likely exceed whatever weight limit your association decided to randomly impose. Some of the most vicious and territorial dogs I have seen/met are smaller in size.

What is the real issue here?

If you are concerned about safety, what you should be looking at is a BREED restriction. Restricting historically-aggressive breeds like dobermans, rottweilers, pit bulls, etc. is what you need to do if you are concerned about safety. However, there are owners of those breeds that will claim their dogs are angelic and would never hurt a fly. And while they might be correct, even insurance companies and apartment complexes actively and successfully impose restrictions on these breeds. So, if you're actually concerned about safety, I would suggest looking at breeds versus weight.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
what you should be looking at is a BREED restriction.


I disagree, weight is much easier to enforce and gives the dog lover a good guideline. By setting the limit to say 20lbs per dog, limit of 1 dog per house it gives the owner an idea of what type of dog they are allowed to have.

Having a breed restriction is assuming every dog owner has a purebred dog. There are many mutts out there and some variations can be huge.

Also keep reminding owners to clean up after their dogs or face fines with a letter included with other HOA notices multiple times a year. Offer a way for upset homeowners to report people not picking up after their dogs, send the dog owner a letter letting them know they have been reported. Etc...
MikeV (New Mexico)
Posts: 31
Posted:
Steve,

You have a valid argument about the breed restriction that I was recommending. Sometimes it is difficult to figure out what breeds make up a mixed-breed dog. I suppose, in order to really understand the original question and help develop a rational solution, I'll ask again . . .

What is the real issue here?

If "safety" is indeed the issue, what occurred to make association members feel that larger dogs are unsafe? In general, it's not the dogs that are unsafe but the owners that failed in the training of the animal. Small dogs can be equally "unsafe" as large dogs.
BarbaraD6 (Florida)
Posts: 347
Posted:
Mike,

The member that suggested it has had several large dogs move in his building and he has a very small dog. The dogs have have been loose out the unit, and can kill his dog very easily. The association has sent violation letters. The member also pointed out the the majority of large dogs in the community are from rentals.

Barbara
BarbaraD6 (Florida)
Posts: 347
Posted:
Steve,

That was my problem with the breed restriction. The management company told us the other communities they manage use a weight limit of no more than 20lbs.

thanks
Barbara
MikeV (New Mexico)
Posts: 31
Posted:
Are the renter's large dogs aggressive? Or is it just assumed that because they are large, they will hunt and kill small dogs?

I'm assuming that your community (like most others) requires pets to be leashed? And it appears as though you have started down the right path with the violation letters. Now, since the renter has been warned, your association needs to follow up with fines. Every time his dogs are not leashed and controlled, he should be fined. Only until he is forced to pay for his actions will he start to take you seriously.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Small or large, any dog can kill another dog. The issue is aggression.

Without going into the HOA fine-em zone, most cities/towns have leash laws. You could remind all residents that having the dog on the leash is the law. If its the law, you could always call the dog catcher or if you find the dog loose, and its friendly, just bring the dog to the pound yourself.
BarbaraD6 (Florida)
Posts: 347
Posted:
Mike,

This unit has 4 pets(we allow 3) 1 rottweiler, 2 pitbulls and I don't know about the 4th dog. We are a townhouse community, these kind of animals need yards to run in that's probably why they run out of the house when they get a chance.

thanks for your input
Barbara
MicheleD (Kentucky)
Posts: 4,491
Posted:
I keep trying my best not to comment on this thread, but the weak claims that "small" dogs can be either as "equally" unsafe as larger dogs or that "small" dogs can kill or harm larger dogs are just that, weak and anemic claims, and I don't blame the residents for being concerned or the HOA board for looking into how to minimize the issue.

It is rare that a "small" dog can exact the damage that a larger dog can. Can they hurt someone? Yes. Can they do the damage that larger dogs can? Very unlikely and very rare.

Aggression certainly is a factor, but there is no freaking way my yorkie is going to take down a rott, or cause much damage to a person beyond a torn sock, as opposed to ripping out thigh meat.

So let's just stop pretending that size doesn't matter.

I do believe that your local Animal Control division can assist you in formulating not only some sort of restriction that would be fair and reasonable, but they can also provide assistance with the dogs running free, etc, since, as was noted, leash laws are fairly common.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
MicheleD,
With all due respect...... you have no idea what your talking about.
BrianB (California)
Posts: 2,820
Posted:
breed matters. size matters.

Better people than we can toss around statistics all day long about what breeds are more aggressive (smaller toy breeds are far more aggressive than larger breeds, even typically-thought-to-be-aggressive breeds), which dogs bite most often (labs often lead this category, because there are so MANY of them in the world), which dogs can do more damage when attacking (pit bulls are in the front of this one, but bulldogs, mastiffs, irish wolfhounds, and aerdales run a close second in potential damage), which dogs lead in per capita attacks on humans, other dogs, etc. (american staffordshire terriers, pit bulls, dobies, shepherds, chihuahuas, depending on how you slice and dice the stats). Toss in the problem of a "mix" or mutt, and the fact that most people couldn't properly ID a pit bull terrier from a sampling of 10 dogs, and you have a problem for any board. Heck, i know BREED RESCUE people who can't always ID a dog in their chosen breed. it's tough!

trying to choose one of those to govern pets is doomed to failure. Behavior matters is more likely to get you where you want (safe) than breed or size, but it's tough(er) to regulate, and requires more effort, which is why it is often doomed to failure (we are lazy, and it's easier to ban X instead). Actually, what matters most is owner. That's why you SHOULD find it easier to enforce a leash law... don't care what dog, it's on a leash or behind a fence. If an owner complains, and wants to demonstrate that his dog is fine without a leash, allow him. have him demonstrate his mastery of his animal with verbal commands and hand signals, with distractions, while you observe (i suggest firecrackers, a rope with a bit of fur on it, some raw steak on a string, etc.). if he maintains control, excellent. issue him a pass (not good for city leash laws, however). if not, he goes to the back of the line like everyone else, and leashes his dog.

honestly, any dog can and will bite, under the right circumstances. to think that this dog never will is as blind to doggie nature as to think that this dog always will bite. I am not sure my rambling is getting anywhere, except to say that this is a tough question, and there is no easy answer, except leash laws and good owners.

MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By SteveM9 on 06/04/2010 7:53 AM
MicheleD,
With all due respect...... you have no idea what your talking about.

With all due respect, yes I do.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By BrianB on 06/04/2010 10:09 PM
breed matters. size matters.

[snip]

honestly, any dog can and will bite, under the right circumstances. to think that this dog never will is as blind to doggie nature as to think that this dog always will bite. I am not sure my rambling is getting anywhere, except to say that this is a tough question, and there is no easy answer, except leash laws and good owners.


You "rambling" was spot on, as far as I'm concerned. Thanks for taking the time to toss it up for consideration.

breed matters/size matters, again, because while most all dogs can and will bite, the damage caused by smaller (even fairly "aggressive") dogs is considerably less than the potential damage that can be caused by a larger (even fairly "non-aggressive") dog.

However, even small dog bites/attacks can cause trauma to a victim beyond simply physical trauma.

At any rate, the non-leashed dogs should be reported to the local animal control officers regardless of what your development has in place for pet restrictions.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By BarbaraD6 on 06/03/2010 3:57 PM
Mike,

This unit has 4 pets(we allow 3) 1 rottweiler, 2 pitbulls and I don't know about the 4th dog. We are a townhouse community, these kind of animals need yards to run in that's probably why they run out of the house when they get a chance.

thanks for your input
Barbara

Then the BOD needs to notify them or if rental the owner of the property that one has to go. Additionally every time one of them is loose you need to contact the dog warden and file a complaint (pictures or video would help)to establish a paper trail if something does happen. And finally I would consider language such as we have that allows the BOD to make the owners remove the pets:

Any such pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the property subject to these restrictions upon seven (7) days written notice from the Board of Trustees of the Association.

Studies show that 5 out of 4 people have problems with fractions
BarbaraD6 (Florida)
Posts: 347
Posted:
Glen,

The owner of the unit was notified that 1 dog has to be removed from property. We have the nuisance clause but how do you realistically enforce it?

Barbara
GlenL (Ohio)
Posts: 5,491
Posted:
If they don't comply then you take them to court to enforce the documents. If you win you can also ask for reasonable attorney fees. You only have to do it a couple of times before the owners find out the Board is willing to go the distance to enforce.

Studies show that 5 out of 4 people have problems with fractions
BarbaraD6 (Florida)
Posts: 347
Posted:
Thank you Glen.

Barbara
MicheleD (Kentucky)
Posts: 4,491
Posted:
Barbara:

For what it's worth, I completely understand and feel your apprehension about being able to enforce the "nuisance" clause. It's a very broad restriction, after all, what IS a "nuisance" really, anyway? And what might be a nuisance to one person (say, a resident blowing their grass clippings into the street), may not be to someone else.

But with a good attorney, and more importantly, with good records of complaints, it can be enforced.

Of course you never really know til you actually go to court, but the "nuisance" clause is exactly the restriction (along with a fencing restriction violation) that we used to take a resident to court.

He had 3 rottweillers and was breeding them (which is also against our restrictions, but for various reasons we could not "prove" that he was in fact breeding them. That's another really long story in and of itself, but not applicable here).

We did, however, have plenty of support for the "nuisance" restriction: complaints against the dog noise and them getting out periodically, unleashed, and causing havoc (one boy barely escaped an attack by one of the dogs).

All we needed, however, was to show that there was enough neighborhood complaints (to verify the nuisance) and that the fence was in violation of our restrictions.

The judge found for us and ordered the dogs removed and the fence rebuilt to comply.

The judge also awarded us attorney's fees.

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