HOA Dog Issue

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Scott Conley

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May 16, 2007
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Location
Toluca Lake, CA
So I live in a condo with a HOA board. I have a dog. I built a sod box for her to use on my patio, with a dog door so she can come and go. I keep it clean and odor free. The board is saying I can't use it, it violates the rules. Here is the rule:

Pets are not allowed to urinate or defecate in the common area, including

gardens, patios, balconies, planters, garage, stairwell, etc. If a pet accidentally

urinates or defecates, it must be IMMEDIATELY CLEANED UP; fNCLUDfNG

HOSED OFF, BY THE PET OWNER/GUARDIAN.



I argue that the sod box is my personal property, and not part of the patio (which is considered exclusive use common area.)

They argue that it is in the patio area, therefore applicable.

I think if the rule said "and contents therein" then it would be more specifically applicable.



I can't decide if this is a battle that should be fought. I live in the back of my building, so the walk to get to another grass area is considerable. I'm trying to limit the times when she goes out there The only other alternative is to train my dog to use a pee-pad indoors, which I'd rather not do.

Thoughts?

Pros, cons?



Thanks everyone,

Scott
 
Unfortunately I would have to side wth the HOA on this one. Even though the sod box is indeed yours, it still resides in the common area and would not be immediatley cleaned each time the dog urinates of defecates. The fact that the sod box is designed for the dog to urinate and defecate means that the actions are not 'accidental' as stated in the rules.
 
It has a lots to do with which state you live in. I can tell you about Florida, if you need. Go on the net and check your state's regulations. Most HOA's have a lawyer who represents and approve violations. Have they informed you verbally or by letter, was the letter from the lawyer. Non compliance usually results in a lien on your property, but most states have a method to protect the homeowner. The end result is that you can make it difficult on them, but you will most likely loose in the end. Best thing I can suggest is request to go before the board and state you case in a nice humble way. Put the burden on them, OK I'll let my pet crap and then clean it up as soon as possible is this what you want? Or get on the board and get back at them.
 
:(:(:(:( I wouldn't last 5 minutes with a HOA!



I love living in the country ........... even I can pee in the yard and nobody sees or cares!!:lol::lol:
 
You basically made a huge litter box on your patio. If your dog is peeing, you may not think about it, but when it rains, that pee is then washed into the soil. When the soil is saturated, that water goes somewhere and so does the pee. It most likely runs off onto your patio along with any dissolved poop. If you are above another person's patio, then it probably runs onto their patio.



There's also another issue. I am guessing that box of sod weighs a couple hundred pounds at least. When saturated, it could weigh twice as much. Who knows whether the weigh is structurally damaging the building.



If it were me, I would remove the sod box. It isn't worth the hassle. If you are disabled and can't take the dog out for walks like every other pet owner that lives in apartments, then maybe you have a find a new home for the dog. Either that or hire someone to walk it for you.
 
i live in both situations and have a dog that requires being walked.

a house in the woods and a house within a poa in a gated community.



pro's and con's for both.



as mentioned above, i have to agree with the poa as far as your "sod box".

it is a tough call, but you must follow the rules you agreed upon when choosing where you live.



good luck
 
Living in that environment myself in the past, I will tell you that the board rules are clear in that you are intentionally allowing your pet to urinate within the common grounds.



That said, I say you will lose the battle.



Lets look at this another way...



If the fencing of your patio fails, who will fix or replace it?

If the concrete on your patio fails, who will fix or replace it?



The condo association will even though it is what you consider your personal area. It is not as it is outside the walls of the condo. They will cover the cost of replacement, thus, their rules apply...



Sorry...
 
The replies I'm getting are kind of what I expected. I am on the bottom floor, so no issues with the box/weight/run-off, and the main reason it's an issue is my upstairs neighbor has decided it is her personal agenda to monitor my patio. The board was actually ok with the sod box, as long as no feces stayed there. I even got a patio umbrella to cover the open area so the upstairs neighbor couldn't see, but she still peeks around. Most of the time the dog goes where she can't see, but since she's so vigilant, the one time the dog misses-BAM.

So, since my neighbor is raising havoc, the board has to respond accordingly, I can understand that.

Time to start retraining the dog...
 
you indicate that the POA board was ok with the sod box, but now its not because the neighbor has complained, what about training your dog to stay inside (housebroken) while you are away at work or whatever, and let the pet out when you return so it can do its business, then you clean up the sod box and the neighbor can't complain then can they???
 
There is a very valid reason for HOA's and enforcing the rules. Because people like Scott keep trying to circumvent them. I hate HOA's and rules but I know what I am getting into long before I ever sign the paperwork. I try not to break the rules and I hate condo Nazi's.
 
I received a letter from my HOA because I was spotted working in my front yard and my 9 pound Bishon was laying next to me without a leash. I was warned that dogs must be on a leash at all times and I would be fined the next time.
 
So why did the lady upstairs start watching you dog's habits.

Is there a possibilty that, since your dog can get outside whenever it wants, that your dog is barking or creating a disturbance in your absence?

I once had neighbors who had a dog that barked ALL DAY while they were at work. As soon as he saw them drive up, he was perfectly quiet. I told my neighbor that his dog was disturbing the whole cul de sac every day while they were at work. He swore that his dog never barked. Yeah right. I made a recording of the dog one day, presented it to him for proof. I made an enemy that day, but I proved my point. He and his dog were a PITA.



Could your pup be the same way? And that's why your neighbor is on the war path?



Just a thought.
 
Scott,

I don't like HOA's but in this case I will have to agree with them. Your sod box is just a way to try to skirt around the edges of the rules but still violates the real purpose for the rule. Somebody had to see dog poop on your sod box and complained, which means you did not clean it up IMMEDIATELY, and that is the violation, and will continue to be a violation.



Sorry. Your idea was brilliant, but the execution did not past the sniff test :D



...Rich

 

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