Roaming Pets

what do your CC&R's say about pets/animals?

MFHOA had no enforceable rule about cats roaming freely, for example.
The city had a leash law, but it did not apply to cats, so we had no recourse there under those rules.

It says:
"No animal shall be allowed to run at large, and animals shall be kept within enclosed areas . . "

We have sent notices to homeowners about dogs roaming and pooping in the park area, but never a cat before. They are clearly in violation, but I just want to know what if any problems may come up as a result of our notices being sent about cats.

Maybe nothing, but one of the cats has been roaming the neighborhood for a very long time . . .we just weren't sure which house it belonged to until now.

send letters to the cat owners too. Your rules say animal, and last i checked, cats were animals. Cat owners in your HOA seem to be required to keep their animals on their property, etc.. Send them the letter, and deal with them like any other.

of course, children and husbands are also animals, biologically...

To be honest, I'm really confused as to why you are asking what you can do about it.

It's a violation of the CC&Rs.

What do you NORMALLY do when someone violates the CC&Rs?

Do you normally just ignore it and hope they eventually stop doing what they are doing?

Do you normally just send one letter, or two, and then forget about it if they ignore the notifications?

Do you normally ask around to other HOAs how they handle X, Y or Z violations?

Or do you normally proceed with the violation enforcement process up to and including the point where you obtain an injunction if compliance is not met?

I don't know what difference it makes if it's someone's pet, or an improperly parked car, an illegally (per the CC&Rs) placed basketball goal, unapproved construction of building not approved, or what have you.

All violations of the CC&Rs, once reported, should be treated with the same process.

That's the best way to avoid even the appearance of selective enforcement.

And it's your strongest weapon in court, if it gets that far, that you fairly and equitably maintain the integrity of your documents.

You don't have to provide them with the solution on how to control their animals. All you have to do is enforce the CC&R that says THEY MUST. They'll just need to figure out how to comply once the violation enforcement process begins.

Because in our HOA, after the final notice they have 15 days to comply before we file in court asking a judge to compel compliance.

Au contrare! Cats do have special rules. Most cities regard cats as "feral" animals therefore do not regulate them roaming loose, unlike the leash laws for dogs.

However, as Brian said, a cat is an animal and if the CCRs say "no animal. . ." then that does mean "no cat". Send violation notices! Or just do what my neighbor did -- trap the cat and set it loose in the desert (far, far from the neighborhood!).

Here's the easy solution. Most cities have an animal control ordinance. Use it to your advantage. Get a photo/video of the cat in the street or in a yard other than the owners and get a photo of the cat on their property. Turn it into animal control for roaming at large. The city will have far much greater control over the matter and can fine or even trap the cat if needed.

I've had the same problem with dogs and cats. Got a trap and caught it. The owner, if they wanted the cat back, had to pay almost $200 in fines and fees. The cost usually deters future episodes.

Heather:

I might as well chime in on this....as Brian said a cat is an animal and since your documents say that no animal may be run loose your board needs to enforce it. Take pictures when possible, present your evidence to the board and ask them to do their job.

Another option is to consult your local municipality for animal codes, ours prohibites cats from running loose.

Now...as we enter the real world I can tell you from experience dealing with a neighbor's dog that it is a long, hard fight that you probably don't have a great chance of ever winning. Your hope needs to lie with perhaps this homeowner is a decent and honest person and will realize what they are doing isn't right and will fix it. But if the homeowner has a crappy attitude about it, there isn't a whole lot you can do unless you devote yourself and your family to 24 hour cat survelliance.

This is not the case in my region. But in Texas any animal considered feral is typically an immediate candidate for euthanization. They have no protections against a land owners (or their agents) killing them on the property. Thus, if a city in Texas declared the cats to be feral, then it would open the door for a land owner to start poisening cats as a matter of course. (Or setting traps to kill the animals.

And like I said, in most cities around me, you can get a live trap from animal control for free (leaving a deposit). And you simply bring it back when you either catch the animal or after so many days. My mother in law has rid herself of neighbor cats more then once this way. She sneaks the traps in and out and commiserates with the owner when the "poor" cat disappears.

Mary,

I feel your pain. I think it is a shame that your city council doesn't comprehend what service is. At risk of sounding like the animal killer, I would probably resort to some means to ensure the cats never came back after entering my property. My first choice would be an animal rescue group on the other side of my metro area.

I think most involved in ecology would have a healthy disagreement with this statement. Feral animals should be eradicated not allowed to run wild. By definition a feral animal is not a naturally occurring animal. Instead it is a domestic animal that has not been properly tended.

Feral animals cause a great amount of damage to our ecology. They create a drain on natural resources competing with native wildlife for food and shelter. This is why many states have open season on the animals. Quite simply, everyone would be better off if the animals were removed.

Hi MichelleD,

This is actually my first year as President of the BOD, and I am finding issues that weren't properly handled previously and trying to fix them now. We sent a notice to the homeowners about the cats prior to my posting, so no, I have not ignored the problem.

I was mainly curious if anyone else has encountered this issue and what if any problems arose from it, especially since the prior BOD chose to ignore it.

I fully intend to follow the CC&R's and any financial penalties as outlined. It does make a difference what the violation is and how people will respond, so it it good to be prepared. This sight is great for that!

Mary,

How do you feel about kids and dogs?

Dogs are OK and I just LOVE children!

1. Check your city's regulations on cats being on a leash and not running free.
2. check your covenants to make sure the two are in agreement.
3. Send a violation letter to the homeowner to begin the process up to and including a fine. Keep the process current and on top of the issue in order to change the unwanted behavior. You are doing this to uphold your covenants and listening / addressing other homeowners valid complaints.
Turning a blind eye to select problems in your community sends that wrong message. Living in an HOA requires homeowners to take responsibility and support the rules & regulations. This means all homeowner...even their renters!!
The cats aren't the problem....its the non-responsible owners that are the problem. Good Luck in achieving resolution.