Our Clients Ask Us: Dogs On Leashes

Dogs must be kept on leashes at our Association, but several owners are violating this rule. Can we impose enforcement assessments against the owner for failing to leash their pets?

ANSWER: Yes. If the Association allows pets, most likely there are rules and regulations in place regarding proper leashing of animals. Even if your Association does not have specific rules regarding the leashing of pets, if a pet were to run loose, we could likely call this a violation of a nuisance provision of the governing documents (or those provisions prohibiting noxious or offensive activities).

However, it is extremely important that these occurrences be documented in writing and signed by the witness with a date and time of the occurrence. Otherwise, we may advise you not to pursue enforcement assessments. We must have a paper trail that documents each specific instance of a violation, and, most importantly, notice of the violation must be given in accordance with R.C. §§5311 or 5312, or based on your governing documents, or the enforcement assessments may not be imposed. These statutory requirements include those such as the opportunity for a hearing, time to cure, amount of assessment, and procedure to request a hearing. If you have any questions regarding enforcement issues, please do not hesitate to contact our office.

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