Some Homeowners Associations (HOAs) have explicit rules for residents that forbid unrestrained dogs. In the event a resident violates a rule of this nature, will the HOA be responsible for dog bite injuries?
The reason that HOAs establish rules about community residents and their dogs is because the HOA and the Board of Directors must comply with state and local laws. In communities across our state, HOAs must comply with North Carolina leash laws. Some HOAs may omit provisions from their bylaws and community guidelines pertaining to dogs and leash rules, however, they are still obligated to ensure that common areas comply with the law.
If an individual has evidence (witnesses, video, written correspondence, etc.) of the HOA neglecting to prevent a non-compliant resident from walking their dog unleashed or leaving their dog unrestrained, a dog bite victim may be able to use this evidence in a claim. If evidence is clear, both the dog owner and the HOA might be liable for damages. A comprehensive review of the case by attorney will be necessary to determine liable parties.
Keep in mind, cities and municipalities differ regarding dog tethering regulations. Before pursuing a potentially negligent party for compensation, meet with a North Carolina dog bite attorney for a complimentary case evaluation. An attorney can help identify and explain the unique laws that apply to your dog attack case, what violations exist, and if third party claims (such as one against an HOA) are possible. Call us 877-BRENT-ADAMS or complete the case review form.