Does anyone belong to an HOA that restricts certain dog breeds? We're just getting our HOA started and our covenants do not include a restriction; however, a few members have expressed an interest in amending the covenants to include a restriction. I'd like to see one that is already in place in order to draw up a proposed amendment. Thanks!
PLEASE READ BEFORE RESPONDING -- I'M NOT LOOKING FOR OPINIONS ON WHETHER WE SHOULD OR SHOULDN'T MAKE THE PROPOSAL. Our HOA is in place. The developer currently controls the HOA. THere are several neighbors with the same concerns about restricting certain breeds (it's not a unilateral move on my part). We were told, before moving into the community, that there was a restrictive covenant already in place; however, there is not. I'm simply looking for examples of HOA covenants that already have restrictions to use as a template to propose an amendment to our covenants.
I'm passionate about the issue because my husband was attacked by a pet who was on a leash as he passed by a dog that was being walked by the dog's owner. My husband and the man said hello, then the dog decided to attack. The dog had no history of aggression. The owner could not handle/control the strength of the dog. I hate to think of what would've happened, had that been my child rather than my fully grown husband. Yes... animals can be taught desired behavior; however, they are still animals and can find ways to get out of fences or away from handlers while on leashes. I don't want to debate the nature/nurture issue, I just wondered if anyone has an example of an HOA covenant that restricts dog breeds.
Why don't you just kick the owner of the dog out of the house to, since he is responsible for the dog. A few bad dogs don't make the whole breed bad. I agree with Deanna L
I personally have never heard of a HOA that restricts dog breeds. I think it would be a bad idea to restrict certain dog breeds, as it would anger a lot of people. Completely unfair and unjustified. As long as people's dogs are inside, kept on a leash when out walking, in a fenced backyard, etc. and not roaming the streets freely, then why should it matter what kind of dog any of the neighbors have?? You wouldn't say you can only have children of certain races if you want to live in this neighborhood, so why would you restrict types of dogs? You wouldn't tell them what brand of furniture to buy for the interior of their houses, you wouldn't say if you have a cat you can have a persian but not a tabby, etc. If your concern is safety and the plan would be to exclude dogs such as pit bulls, chows, rottweilers, etc., then that is completely ridiculous as it isn't the dog type that is bad it is only when they are raised by people to be aggressive or fighters...and if your neighborhood has a homeowners association, I doubt there would be a dog fighting ring in the area!! Anyway, I have personally never heard of any HOA that restrict dog breeds, so I can't advise on any restrictions already in place to look at as your guide, but then again I don't have much experience with HOAs. But I guess the point isn't my personal opinion on the matter as I don't live in your neighborhood, but of course I had to share it, the real issue would be what your neighborhood thinks. I don't know how the whole HOA rule-creating thing works, but perhaps everyone should have an opportunity to express their opinion which will help form the rules. What if a family has a dog that is "excluded"? It would be very difficult with the current market for them to have to move. So everyone should definately have their say. Sorry I wasn't able to answer your actual question but I had to give my opinion!!
THis is dangerous territory to tread into. So far it seems reasonable. I am assuming large "dangerous" dogs are being considered. We restrictions are fine and good until they are something YOU are interested in. What if they start to restrict flowers of certain type/colors (seen it attempted, managed hoa for years) and you are passionate about flowers then you will be unhappy. Unnessary restrictions by HOA will make it more difficult at sale time and effect value of your home. It makes the assoc. seem rigid and legalistic and difficult to work with. It makes your neighborhood seem unfriendly and definitely not inviting. This is why it is so dangerous for "civilians", i.e. well meaning homeowners, to draw up their own hoa regulations alone. It would be ideal for you to have a management company, manage your hoa, but if that isn't do able then at least a REAL ESTATE attorney or consultant to help you with the process. Just because someone is an attorney doesn't mean that this is their speciality and if they are new to the area, they are familiar with oklahoma real estatae law. I would concentrate on things like mandatory dues, what happens if unpaid, condition of home, cars on the lawn, fences, roof types, integrity of the neighborhood etc. not peoples personal life choices of a pet. Now, how that pet behaves is another matter. IF they are off leash, roam the neighborhood, etc then that is a different matter that has to be addressed. Good luck.
Hi Amber,
We do not have a breed restriction stated in our HOA, however I have heard of neighborhoods that do. I believe it will have to be brought up in your next HOA meeting and you will have to have enough representation from the neighborhood to vote on it, I think they call it a forum. I think it is becoming necessary to limit certain breeds because of their agressive nature and I know of cities/counties around the country where it is illegal to own and breed certain dog breeds. You can find quite a bit of information on the internet regarding the facts and limitations of this.
I just looked it up and it is illegal to own a pitbull in Denver, Colorado; Overland Park, KS; Independence and Springfield, MO; several cities in Utah and also Miami-Dade County.
