Unmonitored pets in townhome area

There is a rule in the HOA guidelines stating that pets must be under the control of the owner when it not on their property, however, when I phoned the HOA office to inform them that one of the homeowners is allowing a cat to roam the neighborhood unsupervised I was told there is nothing the HOA can do to enforce the rule. So I am given to understand that we are going to be at the mercy of uncaring homeowners, cats can come and "go" in my yard whenever they want and I must contend with the mess and possible flea infestation.

Anyone else having this problem or have a solution to the problem?

joundle

 

I don't have the rules in front of me, but if the HOA does have rules about loose pets then they should at least try to do something about it. Otherwise take it out of the books.

Don't make rules you can't, won't or at least try to enforce.

 

HOA management will call county animal control to report a loose animal, but we usually ask the person who has spotted the animal to call as they can give a more accurate location and description. The HOA is not equipped to be an animal control agency. If we have proof of who owns the animal, the resident can be warned and then assessed a charge for violating HOA rules...however, proof of ownership and proof that the animal is allowed to roam are very difficult to verify.

 

Is me knowing that it's a certain neighbor's pet and a photo of the pet on my property proof enough for the HOA?

 

Maureen,

I have observed the owner letting the cat out of her backyard so I definitely know to which home the cat belongs. The cat jumps the fence into my back yard and will linger either under my deck or in my garden watching the song birds. This cat has already scared away a nesting robin from our deck . Do I need to get photos of this cat in my back yard as evidence of it's wandering ways?

When I phoned the HOA office this morning about this cat and was told to call animal control myself I specifically asked if I had the owners name and address wasn't the HOA supposed to send out a letter of warning. I was told this was not something within the realm of responsibility of the HOA. From your response this does appear to be an issue the HOA can address.

As an aside, one of our other neighbors has worked long and hard to establish a "backyard habitat" for birds which has now become the stalking ground for this cat.

joundle

 

The HOA is not required to send a letter of warning and in most cases a letter will not change the offending residents behavior. However having the animal taken to the shelter will send the message that roaming behavior is not tolerated. That said, catching cats can be difficult even for professionals from animal control...

 

"If we have proof of who owns the animal, the resident can be warned and then assessed a charge for violating HOA rules...however, proof of ownership and proof that the animal is allowed to roam are very difficult to verify."

"The HOA is not required to send a letter of warning and in most cases a letter will not change the offending residents behavior."

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So what is it? The two posts are a bit conflicting. Are you saying the problem is up to the individual to deal with his/her own and the HOA will have nothing to do with it now?

Again, we ask. What kind of proof will the HOA need prior to taking any action? If any.....

 

The HOA is not REQUIRED to send a warning letter prior to animal control being notified by either a resident or management...notifying animal control usually has better results than a letter sent by the HOA...proof of an animals identity, ownership and location is difficult to verify...cats look alike, as do backyards...I did not say that the HOA will have nothing to do with the issue...I said sending a letter is usually ineffective...Proof may be a photo - but a photo of a tabby roaming a wooded area cannot be said to be proof of identity, ownership or location...It is a difficult situation...What action other than calling animal control would you suggest?

 

Have you at least discussed your concerns with the pet owner before getting authorities (HOA, animal control) involved?

 

Nevermind.

So it's just another pointless rule in the CCR.

 

We have 6-7 cats roaming our wooded area and stalking bird feeders. Three of the cats are feral and producing litters to add to the already burdensome strays out there. I have received the same reply "call animal control" but they won't come out if the animal IS NOT injured or sick. But you can trap the offending cat if you do not know where it belongs - but you'll have to trek to Waterford to turn it in to the shelter.

 

It has been my experience that approaching someone about their pets activities is just as volatile as trying to discuss politics or religion..Not a good idea.

In this instance where I have observed the cat owner (on three occasions)letting the cat out of their backyard to roam and I do have the owners name, I believe based on what Maureen is saying, this should be proof of the offense. I believe that sending a letter from the HOA would at the very least make the pet owner aware that "someone" has noted the breaking of this written guideline rule. If the homeowner wants to protest their innocence then more proof of the offense can be provided. If, after receiving the letter, the homeowner complies, then all is, as the saying goes, "good". I am hoping that the HOA is not implying that the sending out of letters from their office is ineffective.. If so, then why bother having guidelines in place..

joundle

 

I would at least try to talk to your neighbor. I have tried to deal with your similar problem in the past, but have come to think that people with outdoor cats are hard to talk to. They believe the cats have "the right" to roam the neighborhood and won't take responsibility for their cats going on other people's property.

 

I'm sorry you've had bad experiences in the past but my recommendation still stands at trying to talk to the neighbor first. At least there is a chance the situation will be resolved without animosity. On the other hand do you really expect the neighbor to be any less volatile by your going to an authority first? What if it were you being a problem to someone else? Would you prefer a neighbor kindly bringing this up with you or receiving a letter/visit from an authority? Just talk to the neighbor, at least give it a chance to work out.

 

I am not implying that sending out letters is ineffective...but for cases of roaming pets, it is difficult to prove and we cannot charge assessments based on heresay...if we have a date stamped photo of a trash can sitting on a resident's driveway on a nonpick up day we have proof that a covenant has been violated. We can take the individual to a hearing and assess them a charge if they do not put their trash can away. I'm sure you can see this is not the same situation with a roaming pet.

Animal control will come out for a complaint about a roaming dog, but I have heard that they are less helpful regarding cats. Perhaps the residents of Loudoun should contact their Board of Supervisors to see if that can be rectified as Animal Control is a county agency.

 

Where I think a quick form letter from the HOA would be helpful is by enabling people to say something to their neighbor, with official backing from the HOA, anonymously. It sounds chicken, but I don't think it is. People whose cats roam free, in my experience, are emotional about it: their cat has a right, it's an inborn need, they'd be unhappy cooped up inside, etc etc, and they don't care what you say. Having this conversation with a free-roaming cat-owning neighbor is most likely to create animosity where you might have had a friendly relationship. Since the HOA has rules and we all agreed to them when we moved in, it would be nice to have the HOA step in to inform them that they are violating the rules.

 

Obviously spoken by someone who has prior experience with both being a homeowner and dealing with neighbor "issues.
I wasn't requesting the HOA send a letter imposing a fine. I was simply asking that the homeowner be informed that there were guidelines to which they were not complying.

joundle

 

Yes, Audrey can speak with authority based on past posts, she is affiliated with FOHA "Friends of Homeless Animals" (if I recall correctly) and therefore has probably heard every justification (however unreasonable) having to do with keeping pets, giving up pets, roaming vs strictly indoor cats, neutering and spaying vs "in tact" pets, declawing. etc.

We recently had an experience with a neighbor's dog defacating and peeing on lawns but when addressed with the issue, became so hostile and unreasonable that several neighbors no longer socialize with them. So sometimes it is advisable to inform the offender in an anonymous manner unfortunately you never know what one's reaction will be - apologetic and cooperative or the extreme opposite.

 

i am not a cat person- i'm allergic to them, and simply don't trust their crazy eyes. they spook me!

at the risk of sounding midieval, is there anything that cats detest that you can put on a property perimeter to deter their visits? i'm not talking poison or anything environmentally unfriendly- i just mean the opposite of catnip type of thing...

 

The most effective method will probably be a motion-activated sprinkler. Water in spray from is the best deterrant!