Get 1 year of free community web site hosting from Community123.com!
Saturday, February 22, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject:  Dogs and their tenant owners
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JeanS1
(California)

Posts:23


01/13/2010 9:22 AM  

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:5671


01/13/2010 9:53 AM  

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:4491


01/13/2010 11:10 AM  
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
(Virginia)

Posts:16662


01/13/2010 3:56 PM  
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:5491


01/13/2010 10:06 PM  
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:2820


01/15/2010 4:42 PM  
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:5067


01/15/2010 6:39 PM  
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


04/03/2010 11:55 AM  
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:2820


04/05/2010 10:58 AM  
not a lawyer, but i would suppose non certified copies of the documents will achieve what you need.
ChrisP5
(Missouri)

Posts:145


04/05/2010 12:43 PM  
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


04/14/2010 1:38 PM  
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.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Dogs and their tenant owners



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement