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JeanS1 (California)
Posts: 23
Posted:

We are having a real problem with two dogs owned by a tenant. They run loose in the halls and defecate and urinate on the carpeting in the hallway.
We have repeatedly fined the owner (as per our rules and regulations) who has not responded. We have called animal services that says they can do nothing as the situation is occurring on private property.
Neither the building rules and regulations nor our CCR's state that we can evict the tenant. What have some of you done in a similar situation?
We are located in Encino CA.

Jean Strauber
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jean,

You need to go after the owner of the unit. Send him notice that his tenants, otherwise known as his responsibility are doing what you posted. He will be fined if the problem is not corrected IMMEDIATELY!! No ifs ands or butts. It is he who is owner of the unit, not the tenants.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I believe she said they already fined the owner, who simply ignores the fines.

I would call animal control back again.

This time I would have the dogs confined in an area that makes it convenient for the animal control to pick them up.

I find it ludicrous that Animal Control said that.

Maybe you need to call the director of animal control and find out if they need something in writing from the owner of the private property (the HOA) that allows them to enter and pick up the animals.

I know that when we wanted our local police to enforce trespassing issues at our lake, we had to get something like that signed and over to them, due to it being private property.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Jean,

As I understand it, your only real recourse is with the owner. If fines have not worked - and I expect that they are not being paid as well as ignored, perhaps more drastic action is called for (no I'm not talking about foreclosure). Just make sure that you follow your State laws and any due process procedure of your Association.

Tim
GlenL (Ohio)
Posts: 5,491
Posted:
Jean, I don’t know about your documents but ours allow the BOD to declare the offending pets a nuisance and order their removal from the property. You may however need to take the pets owner to court to enforce it.

Animals and Pets. No animals, rabbits, livestock, fowl or poultry of any
kind shall be raised, bred or kept in any Unit or Common Elements, except that dogs, cats or other household pets may be kept in Units and shall not be permitted to run loose; subject to the Rules and Regulations, provided that they are not kept, bred or maintained for any commercial purpose. 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. Pets permitted as above shall be leashed or restrained during walking or exercise within the Common Elements.

Studies show that 5 out of 4 people have problems with fractions
BrianB (California)
Posts: 2,820
Posted:
i too find it fascinating that animal control can't enforce their laws on private property... so they can only pick up dogs roaming the sidewalks and streets? but if it ducks into a yard, it's hands off? If you entice a dog from the yard to the street by calling it, isn't that entrapment? If not for your actions, the dog would not have committed a crime, after all...

someone should whack that animal control answer with a hammer...
RogerB (Colorado)
Posts: 5,067
Posted:
Jean, your HOA can change the fine schedule to esculate with each additional violation within a 12 month period. Then increase the amount of the fine each time until .... until it hurts the owners pocketbook too much to be ignored.
BrianK1 (Colorado)
Posts: 54
Posted:
I'll be requesting copies of the city's code enforcement recent history for a certain condo unit where two dogs are kept. There's a choice for me to request certified copies, or not certified. If I give our copies of the code enforcement documents to an attorney who will then present them a Judge for the purpose of removal of nuisance animals, should the copies be certified copies? Someone here who has already gone through this process would know.
BrianB (California)
Posts: 2,820
Posted:
not a lawyer, but i would suppose non certified copies of the documents will achieve what you need.
ChrisP5 (Missouri)
Posts: 165
Posted:
As another route you could MAYBE get the health department involved as I am sure this creates a situation that is in violation of some of their rules since it seems to be indoor spaces involved. This may work if you are in an area with a health department with lots of rules and a few inspectors with time on their hands.
BrianK1 (Colorado)
Posts: 54
Posted:
The worst offending unit has generated 4 code enforcement documents in the past 18 months; two Voluntary Compliance Requests (VCR) to the tenants, a Notice of Violation (NOV) to the tenants, and a NOV to the condo owner. I would want this history to indicate chronic, recurring nuisance.

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