Roaming or Attacking Dogs Can Hurt People — and Homeowner Associations

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by shareholder Nicole R. Kurtz and appears in today’s edition of the newspaper.  The article, which is titled “Roaming or Attacking Dogs Can Hurt People — and Homeowner Associations,” focuses on a lawsuit that was filed recently over a tragic dog-mauling death and the potential legal repercussions of such cases for homeowners associations.  Her article reads:

. . . Homeowners association boards of directors owe residents a message about taking action to protect their safety. The risks are too serious to ignore, especially after the tragic death of an 8-year-old boy near DeLand, in Volusia County, in January.

The death of Michael Millet III has led his parents to file a wrongful death lawsuit against the Berry’s Ridge Homeowners Association and Specialty Management Company of Central Florida, the HOA’s property manager. The couple own and live in a home in the community where their son Michael was riding his bicycle on Jan. 13.

According to the complaint, two large and dangerous dogs from another neighborhood entered the community through the front gate, which was open and inoperable. The dogs attacked the boy, and while his mother tried to fight them off and shield her son, he later died from his injuries.

The lawsuit alleges that the community’s front gate was broken and ceased functioning long before the fatal attack, and the HOA and its property manager were aware because they had received several complaints.

Further, the lawsuit states that both defendants also knew there was an issue with loose and dangerous dogs entering the community. Their awareness of the potential perils allegedly stemmed from complaints about aggressive Rottweilers harassing neighborhood residents, and other loose dogs chasing after children. There was also an incident in which a jogger was forced to fire gunshots at aggressive dogs attempting to attack him.

“Despite this knowledge of the history of dangerous dogs entering the community, the Association and Specialty Management did not address or maintain the broken gate, and chose not to repair the gate, or take any other actions to make the community secure,” according to the complaint.  “As a result, children were not protected in what was advertised as a safe neighborhood which was ‘gated’ and ‘secure.’”

The parents’ suit seeks to recover damages for the alleged wrongful death of their son, including for their mental pain and suffering, and medical and funeral expenses.

While this lawsuit is still ongoing, it illustrates that HOAs and their property managers can face significant legal liabilities if they are found to have failed in their obligations to provide a safe community.

The tragedy of the mauling death of Michael Millett III in a community with an alleged history of incidents involving dangerous dogs should serve as a reminder for anyone who witnesses or experiences a dog behaving aggressively to file a complaint with local animal control. Law enforcement and animal control agencies have the authority to investigate and take action against dog owners, and the owners of the two dogs involved in this case are now facing felony and misdemeanor charges. . .

Nicole concludes her article by noting that for HOAs and their property managers, this tragedy and the resulting lawsuit spotlight the potentially dire consequences of inoperable gates and dangerous dogs. She writes that such security lapses and perilous animals can lead to horrific outcomes that can create potentially significant legal and financial liabilities, so it’s important that communities quickly fix these issues when they arise.

Our firm salutes Nicole for sharing her insights into this tragic incident and the potential legal repercussions for HOAs illustrated by the resulting lawsuit with the readers of the Miami Herald.  Click here to read the complete article in the newspaper’s website.

Our South Florida community association attorneys write about important matters for associations in this blog and our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members and property managers to click here and subscribe to our newsletter to receive our future articles.