Do County ordinances trump HOA rules?

[samiwas1]

Your second post gave a few more details than your first post, which mentioned nothing about the fact that your dog bit a kid.

I've never heard of an HOA that wouldn't let you take your dog out on your own property (well, the property you are renting). However, if you don't have a fence, which it sounds like you don't, I can see how they would require a leash. In this situation it sounds like your dog was leashed and just got away.

Hopefully the meeting is productive and you can come up with a solution.

[ATLTJL]

Walk your dog in your yard with a 6 foot leash.

You should be doing that, anyway. Being distracted is no excuse to lose control of a dog, especially one that bites. You're extremely lucky the dog didn't do more damage or get hit by a car. Sorry, but a child jumping out of a tree is not ample reason to provoke an attack. A dog with the proper temperament wouldn't bite because of that, unless the child landed on the dog or right in front of it in a threatening way. You need to face it: you have a dog that bites.

If your dog bites someone while it is on a leash on your property, there is practically nothing the person can do, unless the person was explicitly invited onto your property.

Frankly, I'm surprised to hear that an HOA is getting involved at all. Generally, HOAs defer to local authorities when it comes to legal matters like this.

Personally, I would just walk the dog around the neighborhood. I can't imagine anybody taking any issue with a person walking a dog on a 6 foot leash so long as you are respectful and pull your dog to the side of the sidewalk to let others pass. Bottom line: keep your dog far enough away from people (and other dogs) at all times to make a bite impossible. I recommend whatever control mechanism fits your dog best (some like the gentle leader, some like pinch collars, some use British leads, etc.)

It sounds like you have some excuses, and maybe your dog was surprised, but like it or not, your dog now has a bite history...plus, it bit a child, which is seen as even worse. So now you have an extra responsibility to understand your dog's potential and take extra precautions to make sure it never happens again. Do not use a retractable leash and do not let your dog near anybody who doesn't know the dog. If it happens again, the county could require you to keep your dog muzzled any time it is outside the house, or they could even take the dog away.

Your dog needs to remain fully under your control on a leash at all times.

[MattCW]

If you had the financial ability, I'd say move and sell your house to the dirtiest, most irresponsible-looking person you can find for whatever they can pay. Morons like this are why HOAs need to be eliminated entirely. I seriously suggest getting a lawyer for this.

[arjay57]

Originally Posted by ddice41

THank you for all the responses- It has been helpful. I live in Gwinnett County and the occurance with my dog biting the childs butt is why the HOA says I can not allow the dog to use the bathroom in my back yard because I live next door to the family and the HOA says it could happen again regardless of my intention of controlling the dog. The bite occurred when I was out of town and someone else was watching my dog.

Hate to say it but I agree with your HOA on this one. If you have a dog it is your responsibility to have it under control at ALL times, no exceptions, no excuses. As this situation shows, a bite can happen in a flash.

I love dogs and have always had them but you have to recognize and exercise your responsibility 100% of the time.

Get a leash and a restraint that you know will hold your dog, and then take him somewhere you can insure his safety and that of others.

[ElleKaye]

Oh gosh, your dog bit a child? I did not know that when I responded the first time.

If it were a regular old school neighborhood, then perhaps you and your neighbor could work it out, and I'd take some serious heed to the saying that good fences make good neighbors. Even though I'm a dog person, I would not expect this ever to be resolved in your current place without a fence. You're lucky the neighbors aren't suing you.

However if there is any chance, I would avoid saying the child startled your dog, the caretaker didn't hold the leash, it wasn't your fault, and it will never happen again. Even though you said you take full responsibility, it sounds like you're trying to justify your dog's actions and make excuses about why you're not responsible.

Anyway, I missed the part where you said you rented. I think the best the option would be to talk to the owners about putting up a fence. You clearly can't have your dogs doing biz in the house, and I'm sure the owners wouldn't want that either so they should be open to that option. In the mean time, make sure you have plenty baggies and take them to a nearby dog park. You should be able to squeeze by with at least letting them urinate while on a leash in the front yard (not the back).

[samiwas1]

Originally Posted by MattCW

Morons like this are why HOAs need to be eliminated entirely.

Eh, don't agree with that statement. I'll keep my HOA, thank you very much. Morons like this are why morons need to be eliminated entirely. But, I'm not sure what we would do with half the country gone.

[cwkimbro]

For anyone's reference, Gwinnett County Animal Control Ordinances: https://www.gwinnettcounty.com/stati...Ordinances.pdf

I'm a little curious how the meeting went.

[netdragon]

Originally Posted by ATLTJL

Wait a second....the OP is renting!

So go ahead, let your dog do his business wherever you want. The only thing the HOA can do is fine you, and it won't be able to fine you, it will have to fine the owner of the house. So who cares? The owner can try to pass the fines to you, but I'd love to see him try to collect on them.

Bad idea. I own rental property in an HOA on Spring Rd in Smyrna and dealt with one bad tenant for a short time over the 7 years I've been renting it. It's definite to get you nearly instantly evicted if you ignore the landlord's warnings, and it probably won't even come to the fines since after a few neighbor complaints, you'll be evicted if you don't change your behavior.

Furthermore, the HOA itself will be able to evict you. If it gets bad enough, it won't even be the landlord's decision.

Additionally, if there are fines, the landlord WILL hold your security deposit for the fines, and that'll be that. If the HOA evicts you themselves, they'll just add it to your judgment in court.