COLUMN: Liability of dog attack questioned

Q. Our community's newsletter recently included an article stating that Nevada has a leash law. The terminology in Clark County is "under direct control," and our board determined this meant an actual leash.

Recently, a dog that was not on a leash attacked another dog that was being walked by its owner. The owner now claims that the board is fully responsible because it did not enforce the leash law. What is our board's legal standing?

A. Your association's governing documents clearly state that any lot owner shall be absolutely liable to each and all remaining owners, their families, guests and invitees and to the association for any and all damage caused by any pets brought upon or kept upon the lots. Thus, unless the association had notice that this dog was never on a leash, and did nothing to resolve the issue (such as contacting animal control or fining the homeowners), and/or knew that the dog was dangerous, the owner of the dog would be solely liable.

In court cases that I've reviewed pertaining to dog attacks, the owner of the dog was found liable. There is a legal concept, "harborer," that an owner of a dog has control over the dog and must be responsible to guard against any attacks by the dog.

Can the owner of the injured dog sue the association? Sure, anyone can sue. The association should notify its insurance company and supply the agent with as much information as possible.

In addition, the association should find out if the dog's owner has any insurance. If so, that information should be given to the owner of the injured dog so that person can file a claim against the other owner's insurance policy.

Since an attack did occur, the association needs to send a letter to the attacking dog's owner that he or she is in violation of the governing documents and has created a safety issue. The owner can be placed on notice that a fine will be assessed if the dog is found without a leash on the property.

In addition, if no one has called animal control, the association should file a report with them. If the animal is a threat, animal control can deal with the pet and its owner.

Q. The owners of one of our units have not paid monthly assessments for months. We found out that they are filing for bankruptcy protection. They said that they are planning to leave Las Vegas and would not be paying any bills.

When we decided to place a lien on the property, we were told by a lawyer that we could be sued as it was illegal for an association to place a lien on a property in bankruptcy. Please advise.

A. It is illegal. You should verify all of the pertinent information. Have the homeowners filed for bankruptcy? If not, then file the lien. If they are in bankruptcy, you will need to file a proof of claim with the bankruptcy court which will inform the court how much is owed by the homeowners. If and when the bankruptcy is resolved -- and assuming that there are assets that can be sold to offset expenses -- the association could possibly receive some amount from the court.

The association could also consult an attorney to see it if would be worthwhile to file a motion to lift the bankruptcy. You may find out that the owner also owes money to his mortgage company. If that is the case, you may want to wait until the mortgage company takes possession of the property, assuming they do. Eventually, whoever owns that unit after it is sold will be responsible to pay the association the last six months of dues.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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