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September 26, 2006
More on Dogs .... Who's in Control?
Pets are an ongoing topic - especially dogs. A reader said: "The CC&Rs for our association state that no animals shall be permitted outside of any dwelling, except under the control of a responsible person. Based on this section, we have found it difficult to take action if the resident does not have their dog on a leash but feels they have voice or other control of the animal. Our County has a leash law that says when off the owner's property, dogs are required to be on a leash. Can we use the County's leash law to supersede our CC&Rs?"
I do not think it is necessary to "supersede" the CC&Rs. In my opinion its a matter of interpreting what "under the control of owner" means. It is my feeling that an association can integrate the local County or City requirements into the association rules and I believe it is also appropriate for the Board to interpret "under the control" to mean on a leash, at least when outside of the unit or patio or garage (to the extent that those are enclosed). Most localities have leash laws for dogs, and there is good reason for that. A lot of people may think their pets are under their control only to be proved wrong when something occurs that triggers the pet's natural instincts to take over. All one needs to do is listen to the news just about every day to read about a pit bull or other dog that went surprisingly "out of control."
Voice commands and other control modes that do not involve a leash are in my view purely subjective, and most often views shared only between the pet and the pet owner. A leash is an objective form of control that the world can understand.
As I have said before, I love animals, and at one time owned a perfect dog, for more than 16 years. She was always "under my control", leash or not. But that did not stop me from keeping her on a leash when I was out in public in places where control was important and people fearful of dogs might be present. Ever heard of common courtesy?
Now I expect to hear the question: what about cats - do they need to be on a leash too? Under the CC&Rs as quoted, that seems to be a fair interpretation, except that any dog or cat that is being carried could also be considered "under the control of owner" - from an objective viewpoint.
Posted by Beth Grimm at September 26, 2006 11:07 PM