Commonly, many people are unaware of homeowners association liability for dog bites. However, this blog will help you explore all the information. Contact gilbert az hoa management to get help with any problem with your homeowner’s association.
- The homeowner association may be held legally responsible if deadly canines are allowed to stay on and around association-owned common spaces and private lanes.
- The executive board of such organizations has a fiduciary obligation to oversee and run the common spaces for everyone, keeping them secure and alerting residents to any known unsafe circumstances.
- The precautionary association would be well advised to impose Covenants, Terms, and Constraints (called “CC&Rs”) which would place reasonable regulations on an owner’s potential to house violent and potentially dangerous animals.
- Even though few cases are instituting the obligations and duties of homeowner associations regarding dogs, this is a common practice.
- Since homeowner associations own the shared spaces of a property and are fully responsible for their maintenance, the laws and court decisions about landlord liability often extend to them.
- CC&Rs are enforceable by law and “run with the land,” which means that a homeowner must abide by rules.
- The homeowner association must also uphold them. CC&Rs should therefore be viewed as the neighborhood’s laws.
- They establish obligations that, if broken, can serve as the foundation for a negligence claim brought by a nonresident or an arbitration claim brought by a community member obligated by the same CC&Rs.
A homeowner association may include the given pet policy in its CC&Rs. This policy’s essential characteristics are:
- There is a maximum of 3 dogs and two cats allowed per household.
- No animal may be reproduced for trade or any other improper reason.
- Any animal that poses a danger to any homeowner’s health, safety, or wellbeing may be made to leave by the Board of Directors at the homeowner’s discretion.
- Pet owners are entirely liable for any harm or damage done by their animals.
- In public spaces, dogs must be leashed; nevertheless, they cannot be bound.
- Owners must clean up messes made by pets.
- Certain dog breeds and canine habits are outright forbidden. Thus they are not allowed to live on the property or even visit it briefly.
Examples of illegal breeds
- A dog that has been officially classified as dangerous or aggressive by animal services.
- A dog that hurts a local by biting them or another way.
- A dog that started a fight with the dog of some other neighbor.
- A dog that forced a local to defend themselves to prevent harm.
- A canine who consistently barks in violation of the city’s noise law.
- A dog larger than 25 inches or weighs 60 pounds.
- Fila Brasileiro, Cane Corso, Shar Pei, Chow Chow, Akita, Bando, Boerboel, Bulldog, Cane da Presa, English Mastiff, Kangal, Presa Canario, American Bulldog, Rottweiler, American Mastiff are just a few examples of large guard dogs that are known for their fighting propensity.
- Pit bulls and their mixed breeds.