Policies Around Dog Issues

Posted byCanterburyBoardPosted innews

Recently, a question arose about the HOA Board’s responsibilities, options, and limitations when dealing with resident reports of aggression or attack by other residents’ pets. This post is an attempt to help provide clarity in this area.

Overview:

  • Resident Responsibilities Residents have certain responsibilities, per our Bylaws and the Indianapolis – Marion County Municipal Code, for their pets.
  • Contacting the Homeowners Association, via Kirkpatrick The Canterbury Homeowners Association wants to gather and track reports of incidents, and has a few limited response options.
  • Contacting the City of Indianapolis The Indianapolis – Marion County Municipal Code has provisions to enforce responsible pet ownership, and can be engaged by contacting the Mayor’s Action Center or RequestIndy.

Of course, in cases of emergency where you witness or are subject to animal attack, call 911 so police or an Animal Care Officer can be sent to investigate. Kirkpatrick cannot do this on your behalf.

Resident Responsibilities

The Canterbury Bylaws, Article VI, Restrictions, Entry, and Rules and Regulations, section (f) state (emphasis added):

“No animals, livestock or poultry of any kind shall be raised, bred or kept in any Condominium Unit or in the Common Areas or Limited Areas or on the Property, except that pet dogs, cats or customary household pets may be kept in a Condominium Unit; provided that such pet is not kept, bred or maintained for any commercial purpose, and does not create a nuisance. Pets shall be taken out only under leash or other restraint and while attended by its owner and an Owner shall be fully liable for any injury or damage to persons or property, including the Common Areas or Limited Areas, caused by his pet. The tethering of pets in any area outside an Owner's fenced Limited Area does not constitute "attended". Pet leavings or droppings on the Common Area and Limited Area shall be picked up immediately by the pet's owner and disposed of in a proper receptacle. The Board may adopt such other rules and regulations regarding pets as it may deem necessary from time to time including, but not limited to, a requirement that any owner desiring to bring a pet on the Property shall deposit with the Board a security deposit in an amount to be determined by the Board to cover any damage that may be caused by such pet to the Common Areas. Any such security deposit shall be returned to the Owner when, the pet is permanently removed from the Property, except to the extent said deposit has been used to repair damage caused by such pet. Any requirement for the depositing of such a security deposit shall not be deemed to release or in any way limit an Owner's responsibility and liability for injury and damage caused by his pets. Any pet which, in the judgment of the Board, is causing or creating a nuisance or unreasonable disturbance or noise, shall be permanently removed from the Property immediately upon written notice from the Board to the respective Owner to do so.”

The Indianapolis – Marion County Municipal Code1, which supersedes our Bylaws in areas where they may conflict, has similar provisions for pet ownership and, unlike the Canterbury Homeowners Association, can assess fines, e.g.:

  • $25 for failure to clean up feces2 (“curbing” requirements) 
  • $25 for “nuisance” noise3
  • For animals “at large,” (“… loose and free roaming, not being on a leash and under the control of a competent person, or any portion of the animal’s body not being confined within a pen, corral, yard, cage, house, vehicle, or other secure enclosure or structure or by other means that prevents escape”) or “unmonitored” (in part, not “… controlled by means of a leash or other device held by a competent person… which animal is sufficiently near the owner or handler as to be under his or her direct control and is obedient to that person’s command“), the municipal code provides for some of the following penalties4:
    • $100 for not being confined or under control of leash
    • $250 for attacks of persons or other animals
    • $500 for attacks that result in injury to a person or another animal

Contacting the Homeowners Association, via Kirkpatrick

The Board wants to be aware of violations by pet owners and their pets. To report a pet owner and/or the actions of their pet when community standards have been violated, contact Kirkpatrick with as much specific information as possible, including (but not limited to):

  • The pet owner’s name
  • The address where the pet lives
  • A description of the pet (breed, size, color, etc.) in case the owner has more than one
  • The date, time, and location of the incident
  • A description of the specific incident
  • Specifics of damage caused or harm suffered
  • Photos or other media showing the infraction or details of the outcomes of the infraction, if available 
  • Names and contact information for any witnesses, if available

Our Community Association Manager can be contacted at information found in the Property Management section of the Home page or via the Contact form.

Again, in cases of emergency where you witness or are subject to animal attack, call 911 so police or an Animal Care Officer can be sent to investigate. Kirkpatrick cannot do this on your behalf.

Kirkpatrick can, upon request, notify the pet owner of the report by sending a letter describing the infraction and reminding the resident of the community rules. Kirkpatrick can maintain records of infractions, organized by the property address of the resident and their pet(s) on behalf of the community to help establish patterns and trends over time.

The Board is not empowered to fine residents for pet infractions. The Board can require pet owners to pay for labor and materials for damage to common areas, given sufficient evidence.

While the Board can request removal of a pet, per the Bylaws, this is a last resort that will not be applied frivolously. The standard referenced in the Bylaws (“… in the judgment of the Board…”) will vary by circumstances (type, severity, and frequency of incidents).

Contacting the City of Indianapolis

In addition to reporting incidents to the Homeowners Association (via Kirkpatrick), residents may also contact the city. The city of Indianapolis provides several methods for reporting violations of the municipal code, including complaints of:

  • Animal Attacks
  • Abuse
  • Neglect
  • Injured Animals
  • Loose Dogs
  • Nuisance Complaints (i.e. Barking Dogs)

For general information about reporting incidents, see https://www.indy.gov/activity/how-to-report-animal-complaints.

Animal Care Services can be contacted directly at:

The City of Indianapolis accepts complaints online:

Again, in cases of emergency where you witness or are subject to animal attack, call 911 so police or an Animal Care Officer can be sent to investigate. Kirkpatrick cannot do this on your behalf.

Information referenced from the Indianapolis – Marion County Municipal Code can be found in its entirety at: 1 Indianapolis – Marion County Municipal Code (version: February 11, 2021 at the time this was written).