Amberfield Pitbull Rule—Adopted 10.18.12

Notice

As all homeowners were previously notified, the  HOA Board of Directors met on October 18, 2012 at which time they formally voted to adopt the new rule pertaining to pit bull dogs.  Maryland now joins several other states in holding that pit bull dogs are inherently dangerous animals.  Recently, Maryland's highest court held in Tracey V. Solesky that a victim of a pit bull attack only needs to show that an owner, or other person who has the right to control a pit bull's presence on a property, knows or has reason to know that the dog is a pit bull for purposes of evaluating liability.  This strict liability standard means that a person is automatically liable for damages without requiring proof of negligence.  The court will no longer inquire as to whether the specific pit bull in question has a history of attacking others or whether the pit bull is dangerous, which had been the long standing standard in Maryland for evaluating a pet owner's liability.  The court's rationale is that pit bulls attack more frequently, viciously and cause greater amount of serious/life threatening injuries than all other breeds of dogs.  

Community Associations such as Amberfield HOA arguably could be held liable for damage to victims of a pit bull, since the Association has a right to control the property.  Such a "right to control" extends to premises within the HOA such as the HOA common areas.  The HOA has a right to adopt rules and regulations regarding pets and prohibited nuisances as well as anything that could increase the HOA's liability or rate of insurance.  Accordingly, the Board of Directors voted to adopt the following rule pertaining to pit bulls:

No dog shall be allowed on any common areas of the HOA, except while on a leash.  The County/City Laws requiring all pets to be leashed and under the complete control of its caretaker will be strictly enforced.  This rule is intended to address the additional liability to the HOA which could result in increased insurance premiums or cancellation thereof.  Violation of this rule will result in a fine in the amount of $500 per incident against the homeowner of the home where the dog resides.  Enforcement will be handled in the same manner as any other violation of the HOA governing documents.

The final, approved rule is hereby published to all homeowners and becomes effective as of October 18, 2012.  Thank you for your attention to this matter.
 

Sincerely,

Shireen Ambush, PCAM
Property Manager