by Richard Thompson
Question: Can the board enact a policy to exclude certain categories of dogs that are perceived to be dangerous such as rottweilers or pit bulls?
Answer: The board has the authority to make rules but should not do so without feedback from the members. This is especially true of pet issues which are among the most sensitive HOA topics. However, the board does have a responsibility to establish reasonable rules to protect the residents while in the common area from dangerous animals.
While rottweilers and pit bulls have a potential for aggressive behavior, there are other breeds and breed mixes that have the same potential. So, policies targeting dangerous pets need to focus on behavior, not breed. Here is an excerpt from a pet policy designed to address this issue:
A dog shall be deemed "dangerous" if when unprovoked:
- Demonstrates aggressive behavior toward a person in the common area that requires defensive action to prevent bodily injury; or
- Bites a person in the common area; or
- Kills or causes serious injury to another domestic animal in the common area.
For more about this topic, go to dogbitelaw.com.
Question: Is there a survey form or checklist we could distribute to the members to evaluate the effectiveness of our professional management company?
Answer: The problem with such a form or checklist is that HOA managers do many things that the members have little involvement in or knowledge about. When a member does express an opinion on management, it's often a negative one based on a particular incident when they were personally involved, such as rule enforcement or money collection. Because of this, polling the membership isn't of much value. However, the board should have a mechanism for evaluating management performance since the directors presumably know what the manager is hired to do (if not, reread the management agreement). There is a Manager Screening Checklist in the Manager Issues section of Regenesis.net which can be used to develop a scorecard.
For more Ask the HOA Expert, go to Regenesis.net.
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