HOA Question Signs on the gates

Just curious, are homeowners allowed to put any type of sign on the back gates? I've see a "dangerous dog" sign on a gate in the neighborhood and wasn't sure if that is allowed.

 

In general, these signs are not allowed. However, in some cases, the county may require the posting of a sign if the animal has been involved in a biting incident. Again, in general, county, state and federal regulations will override HOA rules.

 

Here is a question related to that, we have a large dog and a fenced in yard. He has never had any biting incidents (and probably never will), but often kids will climb over the fence to retrieve balls from our yard. We have been told that we should post a sign warning of a dog on premises to protect ourselves from liability if anyone was hurt when trespassing. Are you saying that this would be against HOA rules since the county hasn't ordered it?

 

Correct.

In neighborhoods like ours with shared fences and property lines immediately surrounding most homes,most signs (my opinion) would useful only to your next door neighbors. Also, the sign could be construed as "on your neighbor's property" if you share a fence.

 

I guess I will have to check with my homeowners insurance. But just to clarify, my gates are on my property, not on a neighbors or even touching a neighbors.

 

But if the kids are climbing your fence, I ASSUME it is from a neighbors yard, then they would most likely not see a sign on your gate.

If it is a problem, have you talked to your neighbors about their kids coming into your yard without permission and the possibility, however remote, of getting attacked by your dog? I would think this would be more effective than a sign.

 

I would urge you to check with your insurance carrier and an attorney, but I believe that putting a beware of dog sign will not exonerate you if some one gets bitten on your property.

 

Virginia is one of the many states that have a "one-bite" law, i.e., one bite is free for the owner.

The test for liability is the same no matter how the injury was caused: Did the owner know of the dog's dangerous tendency? For example, if a dog jumps up and knocks someone down, the question is: Did the owner know of the dog's tendency to knock people down? If so, he's liable for it.

Posting signage and confining the dog to the owners property will generally provide the owner with a viable defense under negligent statutes, as the opwner will be demed to have acted reasonably.


Now, here's where it might get gray....suppose the owner knows of the dog's tendency and requests to post signage, but HOA restricts the posting of notices...could the HOA be enjoined in a negligence suit for disallowing the signs being posted?

 

As for liability, IIRC, if the "perps" are 12 and under, then a sign is not going to prevent anything. The law says that a child under 8 years cannot commit a crime and children 8-12 years typically cannot comprehend that a crime was committed.