Stray Cats: We have a lady who feeds many stray cats in the common areas. Because she leaves out food, it attracts possums, raccoons and rodents. She totally ignores our letters. What can we do? Can we fine her? She is creating a dangerous environment.
ANSWER: You can fine her under the nuisance provision of your CC&Rs, provided the association has a published fine schedule and she is given due process. Another consideration is to bill her for any increase in pest control costs the association incurs as a result of her behavior. The costs could be charged as a fee or, if your documents allow, a reimbursement special assessment (the difference affects collection efforts). Remember, however, that if the "fees" end up in court, you must have sufficient evidence to convince a judge that the rat, possum and raccoon activity is the result of her behavior and not related to other factors.
Neuter & Release. As a practical matter, if there are "homeless" cats that are hungry, people will feed them, whether it is this particular woman or others. You may want to work with pest control to trap the cats and remove them to a shelter. Under the law of unintended consequences, removing the cats may allow the rodent population to increase, so you should set traps for them as well. Some associations have participated in a "Trap Neuter Release" (TNR) program where they rent traps and then take captured cats to a place called "Fix Nation" where they are spayed & neutered for free. The cats are then returned to their environment the next morning. These fixed cats keep other fertile feral cats away & keep rodent populations down.
Leashes. Our governing documents require that ALL pets be kept on a leash when visiting on common property areas. Some have the opinion that cats are considered wild animals and the leash laws do not apply.
ANSWER: House cats are not wild animals. House cats are also known as "domesticated" cats. Although the house cat and its closest wild relative both possess 38 chromosomes, they are genetically different and cannot interbreed. If raised with little or no human contact, house cats can become feral. Adult feral cats that never socialized with humans can rarely be socialized. As for leashes, associations can adopt their own leash requirments apart from any that cities and counties might adopt. Boards can require that owners not allow their cats to roam about the property. If owners want to walk their cats, boards can require that cats be on leashes when in the common areas.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
