Enforcing Leash Requirements. The board has a duty to either reasonably enforce the existing leash requirements in their CC&Rs or rules. If the CC&Rs are not enforced and someone is injured by a loose dog, the association (and the board) would likely be sued. It might be that voice commands and electronic leashes are effective alternatives to traditional leashes. However, this is a matter that should be debated and voted on by the membership. If the leash requirement is in the Rules rather than the CC&Rs, the board should send a proposed rule change to the membership and allow feedback before changing the rule.
Lease Ordinances. Associations are required to enforce their own restrictions, not city or county ordinances. Boards enforce HOA rules and cities enforce their own ordinances. Unless the ordinance states otherwise, an association is not obligated nor is it authorized to be the enforcement arm of the city. If an owner violates the city’s leash ordinance, someone notifies the city and the city orders the person to cease violating its ordinance. If, however, the association’s CC&Rs have a provision that any violation of a local ordinance is deemed a violation of the nuisance provision of the CC&Rs then the association can fine the person, but it does so as a violation of the CC&Rs not as a violation of the ordinance.
Muzzling Dogs. If after a hearing with the owner of a dog, the board makes a good faith determination that a dog has a propensity to nip at or bite people or other animals, the board can require that the dog be muzzled whenever the dog is on or passing through the common areas. If the owner refuses to muzzle his dog, the association can go into court for an order that the dog be permanently removed from the property.
Tethering Dogs. Irresponsible pet owners triggered passage of a law in 2006 regarding the mistreatment of dogs. The statute, Health & Safety Code § 122335, prohibits persons from tethering, fastening, chaining, tying, or restraining a dog to a dog house, tree, fence, or other stationary object for more than three hours in a 24-hour period. Violations can result in a misdemeanor and fines. Dogs that are tethered for extended periods often create a nuisance by whining and barking, either out of loneliness, boredom, or distress. Moreover, they are prone to injury from choke chains, entanglement in their tethers, and heat stroke.
Recommendation: Instead of relying solely on the new statute and county agencies, associations should consider adopting their own rules against tethering as well as prohibitions on leaving dogs on patios or balconies for extended periods of time. By adopting their own rules, associations can levy fines for violations, in addition to calling animal control for statutory violations.
Registration & Vaccination. Associations can require members to register their dogs with the association, and they can issue special tags for the dogs. Associations can also require that dogs be vaccinated before registration and that owners provide proof of insurance for their dogs.
Insurance. Dog liability insurance is typically a stand alone policy if the owner does not live in a single family home. In addition, dog insurance policies typically cost $300-$1000 per policy, and insurance for some dangerous breeds of dogs is more expensive.
Adopting Rule Changes. In order to implement these changes, boards need to adopt appropriate rules. The rules need to be adopted according to Civil Code § 4360, which requires that at least 28 days before the board votes to approve the proposed rules, the proposed rules must be mailed to the membership along with an explanation of their purpose and effect. The board then votes on the proposed rule change at a board meeting, after consideration of any comments made by association members. Then, within 15 days of voting to adopt the election rules, the board must notify the membership of the results of the vote.
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