Dog bites are more than traumatic incidents—frequently, they result in physical harm, emotional trauma, and complicated legal battles. When such incidents happen in Homeowners Association (HOA) communities, the question of liability is even more convoluted. Although pet owners are typically the first party held liable, HOAs may also be held liable under certain situations.
This article examines how HOAs can be held legally liable for dog bites, when liability occurs, and what residents, board members, and victims need to know regarding these frequently overlooked situations.
What Is an HOA and How Does It Relate to Dog Ownership?
A Homeowners Association (HOA) is an organization in a subdivision, planned community, or condominium complex that makes and enforces rules for the properties and residents. Residents who purchase property within an HOA community automatically become members and are required to pay HOA dues and follow established rules, often outlined in Covenants, Conditions, and Restrictions (CC&Rs).
Many of these rules pertain to pet ownership, including:
- Breed bans or size limits on dogs
- Leash and restraint regulations in common areas
- Pet waste cleanup requirements
- Restrictions on the number of pets per household
- Prohibition of dogs in certain shared amenities like pools, gyms, or clubhouses
While HOAs do not own the individual dogs or private properties, they are responsible for managing and maintaining common areas and enforcing community safety policies. When a dog bite occurs on HOA property, the association’s role becomes critical.
Primary Responsibility: The Dog Owner
In nearly all cases, dog owners are considered strictly liable for the behavior of their pets. This means that if their dog bites someone, they are likely to be held responsible for the victim’s injuries, damages, and related costs, even if the dog had no history of aggression.
However, when the dog bite occurs in a common area or when the HOA has prior knowledge of a problem, liability may expand beyond just the dog’s owner.
When Can an HOA Be Held Liable for a Dog Bite?
There are specific legal scenarios in which an HOA may be held partially or fully responsible for a dog bite or attack. Courts look at several key factors to determine whether the HOA breached its duty of care and contributed to the incident.
1. Knowledge of a Dangerous Dog
If the HOA had been notified that a particular dog exhibited aggressive behavior—such as growling, lunging, or past attacks—and failed to intervene, this inaction could make them liable.
For example, if multiple residents file complaints about an aggressive dog, and the HOA takes no action to enforce leash rules or investigate, they could be seen as negligent for not protecting other community members.
2. Failure to Enforce Rules and Restrictions
An HOA’s rules regarding pets are only effective if they are consistently enforced. If the HOA ignores repeated violations—like allowing an owner to let their dog off-leash in common areas despite leash rules—they could share in the blame when an attack occurs.
3. Unsafe or Poorly Maintained Common Areas
If the dog bite incident occurred because of a defective gate, broken fence, or unlocked pet area, and the HOA failed to repair it in a timely manner, the association may be considered negligent. This is particularly relevant if the HOA had prior notice about the safety issue.
4. Ignoring Community Complaints or Red Flags
Failing to address known issues—such as warnings from animal control, repeated neighbor complaints, or documented threats—can lead to increased liability. An HOA that knowingly permits a dangerous situation to continue may be considered grossly negligent.
Legal Tests for HOA Liability
When determining liability, courts typically evaluate the following criteria:
- Duty of Care: Did the HOA have a responsibility to provide a safe environment in common areas?
- Actual or Constructive Knowledge: Was the HOA aware, or should they reasonably have been aware, of the dangerous dog?
- Failure to Act: Did the HOA neglect to enforce its rules or take reasonable steps to mitigate risk?
- Proximate Cause: Did the HOA’s inaction directly lead to the injury?
If these elements are met, the HOA could be found liable alongside or instead of the pet owner.
Examples of HOA Liability in Dog Bite Cases
Homeowners Associations (HOAs) can sometimes share responsibility for dog bite incidents, especially when they neglect safety or ignore warning signs. Real-world cases highlight how inaction or poor enforcement of pet rules can lead to legal consequences. These examples illustrate when and how HOAs may be held legally liable.
Example 1: Repeated Complaints Ignored
A dog had previously bitten another pet and showed signs of aggression in an HOA-managed dog park. Despite several written complaints from residents, the HOA failed to take disciplinary action. The same dog later bit a child. The court found the HOA partially liable for ignoring red flags.
Example 2: Broken Gate Allowed Dog to Escape
A known aggressive dog escaped through a broken community gate and attacked a jogger on the sidewalk. The HOA had received multiple requests for repairs but delayed action. The HOA was found negligent because they failed to address a maintenance issue that directly led to the attack.
Preventative Measures for HOAs
To avoid liability, HOAs should take proactive steps to enforce pet rules and promote safety:
- Clearly communicate pet policies to residents
- Consistently enforce leash and behavior rules
- Respond promptly to all complaints and document them
- Maintain surveillance or patrol in high-traffic areas
- Regularly inspect and repair gates, fences, and pet areas
- Require dog owners to provide proof of liability insurance
In some cases, it may also be appropriate to prohibit certain high-risk breeds, although such restrictions can be controversial and may raise legal questions about discrimination.
What Victims Should Do After a Dog Bite in an HOA Community
If you’ve been bitten by a dog within an HOA-governed property, you may have multiple legal options. Here’s what to do:
Step 1: Seek Medical Attention
Always get immediate medical care. Even minor bites can lead to infection, nerve damage, or scarring.
Step 2: Document the Incident
Take photos of your injuries, the location of the attack, and any identifying features of the dog. Gather witness statements, and try to determine if the HOA had prior notice of the danger.
Step 3: Report to Authorities and HOA
File a formal complaint with animal control and notify the HOA in writing. Request a copy of the community’s CC&Rs and pet policies for your records.
Step 4: Consult with a Personal Injury Attorney
An experienced dog bite lawyer can help you determine if you have a valid claim against the dog owner, the HOA, or both. They can also assist in obtaining medical records, HOA communications, and insurance coverage details.
Insurance Considerations
Many HOAs carry general liability insurance that may cover incidents occurring in shared spaces. However, this coverage often excludes dog attacks unless the HOA had direct responsibility or negligence.
Likewise, most homeowners’ insurance policies held by dog owners include liability coverage for dog bites—unless the breed is excluded or the dog has a history of aggression.
Some communities require pet owners to carry additional liability insurance, especially if they own larger or restricted breeds. Victims can potentially recover damages from multiple sources, depending on the circumstances.
Damages That Can Be Recovered
Victims of dog attacks may be entitled to compensation for:
- Medical expenses (emergency care, surgeries, rehabilitation)
- Lost wages due to time off work
- Pain and suffering
- Scarring or disfigurement
- Emotional distress and PTSD
- Property damage (if a pet was injured or a device like a phone was damaged during the incident)
Punitive damages may also be awarded in cases involving gross negligence or willful misconduct by either the dog owner or the HOA.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
