Real Estate & Property Law

Are HOAs and Condo Associations on Their Own with Animal Control?

Here's a good question. Can the local animal control or police department refuse to come into an HOA or Condo Association when called about an animal situation or what would normally be a police matter claiming they do not have to provide services to private communities, i.e. CIDs-common interest developments?

Here is a good answer. People in these communities pay property taxes and special assessments that fund these services too, so I would have to say generally, the answer would be no. Refusing to provide services would be wrong. Listen to this story recently sent to me, some of the names and statements are changed slightly so as to not point any fingers to anyone specifically:

Story: A homeowner called management stating that a huge Rottweiler broke through their neighbor?s fence and into their backyard and ended up jumping up onto a resident, knocking her down and ended up getting inside of their home. The resident was able to confine the dog to one room and contacted 911. The operator said that they (the police) no longer handle animal calls and that they would need to call the [local county animal control office]. They called and were told that it is a gated community and they wouldn't respond saying that it was an association responsibility. When contacted, the [local animal control office] person that answered was very rude and stated that it was the association's problem and then hung up on the manager. [To be fair, there was some talk about holding the personnel personally liable if any injured party sued the association.] The manager then contacted the police department and explained the whole situation to them. The police did end up sending an officer out and demanded that the [local animal control] respond. The [LAC] then called the manager and advised that they would send someone out this ?one time? but that they needed management on site to sign the dog over. The person said that they will not be responding to any gated community issues in the future (confined or not). Luckily (or not) the residents were able to get the dog owner to come and get the dog before animal control got there.

The manager went on to report that the [LAC] informed the manager that when calling the [LAC] for assistance, that they [the HOA/Management/ or Resident] had to capture the dog, then call them to pick the dog up!

Does this sound like a recipe for disaster?

As a rule, neither boards, managers or residents are specially trained to deal with loose and especially threatening animals, or sick and injured animals, or animals dumped by the side of the road. Don't people pay taxes to have access to these specially trained people? I say, yes.

I know of no case where any governmental agency that is in place for the protection of people (or animals) has an exemption from acting on behalf of people in homeowner associations, gated or not. The county animal control authorities and the police are paid by taxes and people in associations have just as much right to expect their services as any other taxpayer. If they are not responding properly (as appeared to be the situation here) then something should be done. One thing might be to submit a letter in writing to them to demand they respond when appropriate and suggest that the HOA would hold them accountable so there is a record of the request/demand for services (assuming it is a reasonable communication - a bad example or irrational request/demand does not help).

That way, if the agency does not act appropriately and the association suffers losses, a legal claim against the agency may be supported.

HOAs can be thrown out of court when they go in on animal cases and no one has contacted animal control first and asked for assistance. It is commonly one of the prerequisites to filing animal -related complaints in the courts. It is called "exhausting administrative remedies" first, before coming to court. Thus, I have been recommending it for years (having had experience with the courts in these matters).

To be fair, perhaps there is a specific issue because of a gated community. If animal control or police cannot get access because of a required key or gate code, then I could understand a requirement that someone from the association or management be present when they come to let them in. The police department may require that a gate code be kept on record for purposes of entry, but I doubt animal control offices want the responsibility of keeping or having available to the drivers the code, and even if they want it, an HOA may not want to give it out.

But overall, I believe it fair to say that HOAs and Condo Associations have a right to expect reasonable services (comparable to those offered to the general public) from governmental entities which exist for the safety of the public (or animals) and are supported by taxes paid.

My two cents ...

Full post as published by California Condo & HOA Law on January 14, 2010 (boomark / email).