Controlling Vicious Dogs--and Their Owners
By Terry White

Community associations throughout the nation increasingly are having second thoughts about the aphorism: "Man's best friend is his dog." It sometimes seems as though a biting dog can send the entire community howling to an association's management.

The associations have good reason to be concerned. Each year, 800,000 Americans seek medical attention for dog bites; half of these are children, according to the Centers for Disease Control and Prevention. Of those injured, 386,000 require treatment in an emergency department and about a dozen die.

In hundreds of thousands of other cases, vicious dogs attack and sometimes kill other dogs. This often happens while their owners look on hopelessly. Many people have been bitten when attempting to intervene in dog fights.

A growing number of associations are taking a no-nonsense approach to the problem.

Dennis McGarvey, CMCA, PCAM, Director of Association Operations, Centex Homes, Myrtle Beach, S.C., noted that his association uses documents with very clear language to discourage residents from keeping potentially vicious dogs on the property. The documents stipulate that:

“The following types of dogs (whether pure bred or mix breed) are prohibited from being kept upon the Property; those known as Pit Bulls (American Staffordshire Terriers, American Pit Bull Terriers or Staffordshire Bull Terriers), Rotweillers, Doberman Pinschers, Chows, Presa Canarios, German Shepherds, wolf hybrids and any dog trained to attack persons, property or other animals or dogs trained to guard persons or property, and are deemed not to be normal household pets. 
 
“The Board of Directors may prohibit the keeping of any dog with a prior history of causing bodily injury established through insurance claims records, or through the records of local public safety, law enforcement or other similar regulatory agency;
 
“The Board of Directors may in its sole discretion, establish by rule that dogs of other breeds are potential hazards to the Regime and its occupants, and may not be kept upon the Property;
 
“The Board shall have the right at any time and in its sole and absolute discretion to require the Owner of a particular pet to remove such pet from the Regime if such pet is determined by the Board to be a nuisance or to be in violation of these restrictions.” 

Other sections within the document give the Board rights to establish rules, policies and procedures, levy fines, and take other necessary steps to protect the community. There have been several occasions when the Board had to exercise these rights and have owners remove dogs, according to McGarvey. “We have had people move rather than get rid of their dog,” he said.

In one case, a mother came to a hearing bearing photos of her autistic son. “She said that he had bonded with this dog and that the dog had alerted the family to seizures the son was having in another room,” said McGarvey. “She was in tears throughout the hearing. We had to take the hard stand and have the dog removed.”

He pointed out that the Board takes no pleasure in having certain dogs removed. “Their fear is that if the dog does bite someone, the association could be held liable since they were not enforcing a section of the governing documents,” McGarvey said.

Insurance companies have similar concerns. J. Patrick Moore, CMCA, Compliance Coordinator  of Forest Heights Homeowner's Association, Portland, Ore., suggested checking with the association's insurance carrier to see whether allowing "dangerous breeds" in the neighborhood could result in any insurance ramifications.

Nationwide, for example, considers Rottweilers, Dobermans, Pit Bulls, Presa Canarios, Chows and Wolf hybrids dangerous, and simply refuses to insure homes where they are kept. Some other insurers also have blacklists of breeds, including Akitas and Huskies, which they compile on the basis of both reputation and dog-attack statistics from the Centers for Disease Control and Prevention.

In some cases, dog owners simply refuse to respond to requests to remove vicious dogs. Suzanne C. Alawa, CMCA, PCAM, General Manager of EWA by Gentry Community Association, Ewa Beach, Hawaii, said her community responded to such a situation by requiring a dog that had killed another dog to be muzzled any time it stepped outside the family's unit.

"That we could enforce—and fine them for failing to muzzle the dog," she noted. "To my knowledge and our attorney's, there is no law to prohibit any association from requiring a muzzle for a dangerous or potentially dangerous animal in a heavily populated community."

Moore and Alawa agree that controlling the owners may be almost as important as controlling the dogs. "They say that dogs don't have problems; dogs have owners who have problems," said Alawa. "I'm all for pets if their owners have to attend obedience classes."

Moore also pointed out that associations often can avoid becoming directly involved in the disciplining of dogs—or their owners. He suggested referring residents to the local authorities regarding dog issues. If there is no satisfactory resolution at that level, the association may need to intervene. In some cases, that may culminate in taking legal action against irresponsible dog owners.

Creating Efficiencies: Take a Real Vacation

Vacations are an important rest, recovery, and renewal strategy for creating work/life balance. They provide an opportunity to recharge our batteries, so that we can return to work refreshed. Unfortunately, E-leashes and hectic schedules are cutting into vacation time as increasingly wired workers are finding it hard to leave the office at home.

Although an improvement from 27 percent in 2006, 20 percent of workers say they plan to stay in touch with the office during their vacation this year, according to CareerBuilder.com’s annual vacation survey. Harris Interactive conducted the survey of more than 6,800 workers.

Nearly 15 percent of workers say they gave up at least one of their vacation days in 2006 because they didn’t have time to use it. Ten percent gave up four or more days.

Some workers may not be able to get away at all in 2007. Twenty percent of workers report they won’t take a vacation this year and 27 percent  will take five days or less. Nearly one-in-ten (9 percent) will limit themselves to weekend getaways.

When it comes to time off, 43 percent feel they don’t get enough paid vacation. Seventy percent get two weeks or more of paid vacation; nearly a quarter of workers receive four weeks or more. However, twelve percent of the workforce does not receive any paid vacation. If workers had their way, 69 percent say three weeks or more of vacation is appropriate.

While only nine percent of workers say their employers expect them to check voice mail or e-mail on vacation, others may feel the pressure to do so anyway. "There are a host of reasons why employees feel compelled to forgo a vacation or obsessively check in," said Rosemary Haefner, Vice President of Human Resources at CareerBuilder.com. "Some may fear if they are gone and things go smoothly, it will send a message that they aren’t needed. However, the opposite can actually be true. If you prepare in advance and anticipate issues, it can positively reflect on your management and organization skills."

Fourteen percent of workers feel guilty that they are not at work while on vacation. Those trying to climb the corporate ladder are the most concerned, with 25- to 34-year-olds reporting the highest level of guilt (20 percent).

This guilt may lead some to lie about accessibility at their vacation destinations. Nine percent of workers have lied to their employers, claiming they couldn’t be reached on vacation.

When planning a vacation, Haefner recommends the following tips to make your time off work-free and stress-free:

• Leave a roadmap. A few weeks before you leave, start recording important information, key contacts and any deadlines that will come up while you are gone. If you leave co-workers with a guide that will help them address questions that arise and keep things moving forward, they will be less likely to contact you on vacation and you will be less likely to walk into a war zone when you return.
• Stick to an itinerary. While it’s best to leave the office at the office, if you must do work, set limits and boundaries for yourself and your co-workers. Don’t let activities on vacation be interrupted by work. Set aside a half hour each day to think about work and stick to it. Instead of having co-workers call you, tell them when you are going to check in, so you can control the time allotted. 
• Think big. If you have a big project and a great vacation planned for the same week, you can expect one of the two to give. Schedule the dates before and after the big stuff to lighten your load and enjoy your time off.

Prepare for Disaster Before It Strikes

With above-average activity predicted for the 2007 Atlantic Hurricane season that began June 1, the U.S. Small Business Administration (SBA) urges businesses, homeowners, and renters across the country to take steps now to protect their lives, property and businesses.  

Recently, the tornado that devastated Greensburg, Kansas, the floods in Texas and Oklahoma and the fires in California and Utah have provided reminders that no matter where you live, there’s always a possibility of a major disaster. “Every threat, from wind storms, floods and wildfires, to power outages and computer system failures remind us to be proactive when it comes to having a plan to survive the disaster and recover quickly,” said SBA Administrator Steven C. Preston.

The SBA stands by, ready to assist in the event of a disaster. During fiscal year 2006, the SBA approved more than $11 billion in disaster loans. Most of those loans went to Gulf Coast residents who suffered losses after Hurricanes Katrina, Rita and Wilma. 

Preparing for the worst-case scenario will ensure a quicker and less costly recovery. Disaster preparedness for community association offices and residences should include:

• A solid emergency response plan. Find escape routes from the home or office and establish meeting places. Make sure everyone understands the plan beforehand. Keep emergency phone numbers handy. Business owners should designate a contact person to communicate with other employees, customers and vendors. Individuals should have an out-of-state friend or family member as a single point of contact.
• Adequate insurance. Disaster preparedness begins with having adequate insurance coverage—at least enough to rebuild your home or business. Homeowners and business owners should review their policies to see what isn’t covered.  Businesses should consider “business interruption insurance,” which helps to cover operating costs during the post-disaster shutdown period. Flood insurance is essential. To find out more about the National Flood Insurance Program, visit the Web site at www.floodsmart.gov.
• Making copies of important records. Back up data saved on computer hard drives, and storing that information at a distant offsite location. Documents and CDs should be stored in fire-proof safe deposit boxes. 
• Protection of windows, doors and roofing. Installing impact-resistant window and door systems, or simple plywood shutters installed before the storm hits can enhance their ability to resist impacts from wind-borne debris. Hire a professional to evaluate your roof to make sure it can weather a major storm.
• A “Disaster Survival Kit.” The kit should include a flashlight, a portable radio, extra batteries, a first-aid kit, non-perishable packaged and canned food, bottled water, a basic tool kit, plastic bags, cash, and a throw-away camera to take pictures of the property damage after the storm.

 More preparedness tips for businesses, homeowners and renters are available online from SBA.  The Institute for Business and Home Safety  also has information on protecting your home or business. The federal government’s preparedness Web site is another helpful resource.

The SBA makes low-interest loans to homeowners, renters and non-farm businesses of all sizes following a disaster declaration by the President. Homeowners may borrow up to $200,000 to repair or replace damaged real estate.  Individuals may borrow up to $40,000 to cover losses to personal property.

Non-farm businesses and non-profit organizations of any size may apply for up to $1.5 million to repair or replace disaster damaged business assets and real property. Small businesses that suffered economic losses as a direct result of the declared disaster may apply for a working capital loan of up to $1.5 million, even if the property was not physically damaged.  [ return to top ]

Don't Pay for Posters the Government Offers at No Charge

Some of the statutes and regulations enforced by agencies within the Department of Labor (DOL) require that notices be posted in the workplace. However, ads and direct mail suggesting the DOL workplace posters must be purchased from private companies may be misleading employers. In some cases, this promotional material mentions dire consequences for failure to purchase the posters.

DOL reminds employers that official posters such as the new Job Safety and Health: It's the Law poster are available at no cost. Posters and useful publications may be downloaded from the DOL Web site, or ordered free of charge directly from DOL.

Among the basic posters with general applicability for community associations and other workplaces are:

• The Fair Labor Standards Act (Minimum Wage)  
• Family and Medical Leave Act (if you have at least 50 employees)  
• Employee Polygraph Protection Act  
• Job Safety & Health Protection  
• Equal Employment Opportunity Act  
• Notice to Workers with Disabilities  
• Uniformed Services Employment and Reemployments Rights Act

Most materials are available in both English and Spanish. Details, including a link to a Poster Advisor, are available at DOL's elaws Poster Page. [ return to top ]

CEO of Small Business of the Year Reveals Secrets of Success

Tom Sawner, CEO of Educational Options, Inc., an Arlington, Virginia-based educational technology company, was awarded a Small Business of the Year Award at ACCESS 2006: America's Small Business Summit. His checklist for propelling a small business to the top, which appeared in the April issue of uschamber.com, may also provide useful guidance for managers of small community associations.

• Always remember the overwhelming importance of relationships with both employees and your community. Start by looking within because happy employees create happy residents in an association. "Creative benefits, such as a cafeteria plan, are a key tool used by small companies to go the extra  mile."
• Stuff happens. Small organizations usually feel the effects of natural disasters and other unexpected turns more than larger organizations."Without corporate coffers to buoy small business owners in tough times, they must use their wits—and often their wallets—to pull through."
• Your values follow you to work. Genuinely value and embrace superior customer service, and your employees will follow suit. "Infuse honesty into everything you do and your business will become known for it. But the opposite is also true—unethical practices become cancerous."
• Care. Thinking about others ultimately benefits your community. "It's no surprise that successful small business owners engage in their local chambers and civic groups."
• Flex your flexibility. Small organizations can be more agile than corporate giants, allowing them to capitalize on unique opportunities. "This means staying alert, reading up on technology how-to articles, and networking with colleagues who know business shortcuts."

NBC-CAM News

Board Certified
Congratulations to our newest CMCAs! 
Over the past several months, NBC-CAM recognized professionals who completed the requirements to become Certified Managers of Community Associations. The CMCA credential demonstrates that these managers have passed NBC-CAM’s national exam and met requirements for managing condominium, cooperative, and homeowner associations. [ return to top ]