Pawz4me Posted June 7, 2013 Share Posted June 7, 2013 We have LEO's here, too. And they've been quite helpful when laws need enforcing. 'Cause they know the HOA has no enforcement authority. Believing an HOA has authority to enforce no trespassing laws is like believing an HOA board member could strap a flashing blue light on his/her car, pull someone over and give them a ticket for speeding through the neighborhood. They can't because it's beyond the scope of their authority. The reason I know the difference in enforcement capability when it comes to HOA rules versus laws is that several years ago we had a few people in our neighborhood who were adamant that the HOA should be enforcing certain things. The HOA tried to convince them that those things were city laws and therefore outside of their authority to enforce (and that the people with issues needed to call the police), but the people were adamant that the HOA board should be able to do something. The board finally got an attorney who specialized in HOA law to write a document clearly stating things that were and weren't within the authority of the HOA to enforce. So, yeah . . . covered this ground before. But again, state laws may vary. Quote Link to comment Share on other sites More sharing options...
mysticmomma Posted June 7, 2013 Share Posted June 7, 2013 What about an alarm? Like the ones that are set off by water movement (if a kid falls in the pool)? Quote Link to comment Share on other sites More sharing options...
mysticmomma Posted June 7, 2013 Share Posted June 7, 2013 Ok those are expensive... This! http://www.amazon.com/Tattle-Tale-Sonic-Training-Alarm/dp/B000ANOT9U/ref=sr_1_2?ie=UTF8&qid=1370641545&sr=8-2&keywords=fence+alarm It would go off before he was high enough to hurt himself. Quote Link to comment Share on other sites More sharing options...
Eagle Posted June 7, 2013 Share Posted June 7, 2013 What about an alarm? Like the ones that are set off by water movement (if a kid falls in the pool)? Oo, that's a great idea. A motion-sensor alarm along the top of the fence with the speaker pointed into the neighbour's yard. When you talk to your neighbour who has the other dog, make sure you convince them to go to the child's house to talk to the parents. They may be more likely to do something if several neighbours are showing up at their door. I would also get the phone number of the child's parents and call them every single time the boy pops up over the fence. And document every phone call. If something happens you can say you let them know every time that their child (and your dog) was in danger. Quote Link to comment Share on other sites More sharing options...
Jennifer3141 Posted June 7, 2013 Share Posted June 7, 2013 But the issue is that trespassing isn't an HOA rule like keeping your yard mowed or your trash cans behind your house. It's a law. And an HOA (at least in our state) has no authority to enforce laws. HOA rules, yes. Laws, no. The OP is not asking the HOA to enforce a law. She would go to them to make them aware that there is a member of the association who is creating drama and it is drama that will most likely end in litigation when the OP's dog finally bites the stupid little kid. And if you think litigation won't have some sort of effect on the neighborhood, you're nuts. The HOA might write the idiot parents a letter or stop and say, "Hey, we've heard there are some problems with your child taunting your neighbors' dogs over their fences. Trespassing is illegal and we have been made aware of the problem." The more people that are aware of the problem (especially if the OP and the other neighbor are doing everything perfectly and documenting the heck out the situation), the better it will go for the OP from a potential legal angle and from the perspective of maintaining some peace in the neighborhood. If 20 people witness this or see a video of it or whatever, and tomorrow this stupid little kid falls off the fence into OP's yard and gets bitten by the dog - all the documentation, witnesses, etc. will HELP the OP keep her dog alive and keep her for being sued for $1 million by the stupid parents. Quote Link to comment Share on other sites More sharing options...
zoobie Posted June 8, 2013 Share Posted June 8, 2013 Along with the above, having the HOA in the loop could help her get a variance for additional fencing if she needs it to protect her property. Quote Link to comment Share on other sites More sharing options...
Guest Posted June 8, 2013 Share Posted June 8, 2013 I'm not. Barbed wire will scratch his hands but it's not going to seriously injure him. Especially if the kid stays in his own cotton picking yard. Getting a bandaid or getting wet is hardly traumatic inducing. Geez. The OP is being ridiculously nice. I'd have screamed at the kid to leave my dogs alone and get off my property or I would call the police and then I'd do it. It's inappropriate and could get her in a lot of legal trouble. Especially the barbed wire and electric fence. It sounds like it's also the neighbors fence. This is a horrible idea. Luckily, the OP said she wouldn't do these things, so I guess it's useless to discuss. Quote Link to comment Share on other sites More sharing options...
Ellie Posted June 8, 2013 Share Posted June 8, 2013 I can keep updating if everyone wants. :) Of course we want updates. Sheesh! :D Quote Link to comment Share on other sites More sharing options...
Whereneverever Posted June 8, 2013 Author Share Posted June 8, 2013 I talked to two neighbors today. One was the ones I saw when the child was on their fence. They've had bum luck getting the parents to deal with this, as well. The other was unaware this had been going on (his dog has been being bullied, too) and told me they aren't really concerned because their dog is nice. Ok, then! My dog is nice, too, but I'm still unhappy. Anyway. I digress. My general plan is to keep my dog inside. We can walk her two or three times a day, let her out with us with her, and let her out once he's in bed and before he's awake. There's no opportunity for him to aggravate her then, and perhaps he will get bored and move on. I sincerely don't want to escalate things, especially since I want to move. On the moving front we've cemented our lot. We have 35 acres to work with... More room for kids and dog. :) Now we just need to get all the site prep done- a well, a specific field, power, a foundation, a driveway... All the little things. And permits. I hope we can sell this house and be in a different one, with no animosity, by end of summer. In order to do that, we will definitely have to do a modular home vs stick build, but that's ok. Thanks, everyone! :) Quote Link to comment Share on other sites More sharing options...
Mrs_JWM Posted June 8, 2013 Share Posted June 8, 2013 Japanese barberry stands dry areas. Try to get the plain old species, rather than a fancy dwarf variety. Barberries are generally inexpensive and easy to grow in temperate areas i.e. not the coldest states and not tropical areas. Please don't - not any one of us! - plant barberry! It's terribly invasive, and provides an ideal habitat for ticks. We don't want that! Invasive issue: http://www.nps.gov/plants/alien/fact/beth1.htm Ticks/Lyme issue: http://www.theday.com/article/20110620/NWS01/306209953/-1/NWS#.UbKqMYy9KK0 It's an absolute bear to get rid of - very nasty! Sorry, Alessandra, but I had to say my piece! Quote Link to comment Share on other sites More sharing options...
Whereneverever Posted June 8, 2013 Author Share Posted June 8, 2013 Please don't - not any one of us! - plant barberry! It's terribly invasive, and provides an ideal habitat for ticks. We don't want that! Invasive issue: http://www.nps.gov/plants/alien/fact/beth1.htm Ticks/Lyme issue: http://www.theday.com/article/20110620/NWS01/306209953/-1/NWS#.UbKqMYy9KK0 It's an absolute bear to get rid of - very nasty! Sorry, Alessandra, but I had to say my piece! Oh, thanks! Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted June 8, 2013 Share Posted June 8, 2013 Please don't - not any one of us! - plant barberry! It's terribly invasive, and provides an ideal habitat for ticks. We don't want that! I've never noticed barberry to be a problem here (not even in the long-term vacant house with sorely neglected yard containing two barberry bushes) so I did an internet search. it is specifically Japanese barberry (berberis thurnbergii) that is listed as invasive in 20 northeastern states and DC. It raises the soil ph, and deer don't like it - giving it an advantage over native plants. native American barberry (berberis canadensis) should be fine. Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted June 8, 2013 Share Posted June 8, 2013 If the fence isn't hers then I completely agree. If the fence is hers, barbed wire and elecrical wire isn't all that uncommon a fencing tool. Lots of people have them to keep their animals in the yard or to keep stray/wild animals out of it. And turning on a timed or motion sprinkler, in any direction or height as long as it stays in your own yard is also certainly not illegal or inappropriate. There's a reason they are sold. My neighbor installed one to keep the neighbors teens behind her from jumping her fence to get through the neighborhood. Why they couldn't just go out their front door or gate and walk around is beyond my understanding. But it was driving her dogs in the house nuts at all hours of the day and night. She thought they were barking at a raccoon or something until it went off at 2am and she and we heard a bunch of surprised yelps and cussing from several soaked teens. lol It's inappropriate and could get her in a lot of legal trouble. Especially the barbed wire and electric fence. It sounds like it's also the neighbors fence. This is a horrible idea. Luckily, the OP said she wouldn't do these things, so I guess it's useless to discuss. Quote Link to comment Share on other sites More sharing options...
Melissa in Australia Posted June 8, 2013 Share Posted June 8, 2013 :lol: :lol: Quote Link to comment Share on other sites More sharing options...
Guest Posted June 8, 2013 Share Posted June 8, 2013 If the fence isn't hers then I completely agree. If the fence is hers, barbed wire and elecrical wire isn't all that uncommon a fencing tool. Lots of people have them to keep their animals in the yard or to keep stray/wild animals out of it. And turning on a timed or motion sprinkler, in any direction or height as long as it stays in your own yard is also certainly not illegal or inappropriate. There's a reason they are sold. My neighbor installed one to keep the neighbors teens behind her from jumping her fence to get through the neighborhood. Why they couldn't just go out their front door or gate and walk around is beyond my understanding. But it was driving her dogs in the house nuts at all hours of the day and night. She thought they were barking at a raccoon or something until it went off at 2am and she and we heard a bunch of surprised yelps and cussing from several soaked teens. lol LOL, that is funny. I am fine with the sprinklers, just not with someone taking a hose and spraying the child... totally different thing! I am also fine with what you described... barbed/electric wire on your own fence with warning signs. But this sounds like a shared fence... I could be wrong, though. Quote Link to comment Share on other sites More sharing options...
Mrs_JWM Posted June 8, 2013 Share Posted June 8, 2013 I've never noticed barberry to be a problem here (not even in the long-term vacant house with sorely neglected yard containing two barberry bushes) so I did an internet search. it is specifically Japanese barberry (berberis thurnbergii) that is listed as invasive in 20 northeastern states and DC. It raises the soil ph, and deer don't like it - giving it an advantage over native plants. native American barberry (berberis canadensis) should be fine. That can be hard to find at nurseries, though. You might find it at a native plant sale run by a wildflower or native plant society, but sometimes even those plants are have been hybridized. You may not see the individual barberry nearby spreading, but its seeds most definitely are - birds are spreading them everywhere. Sorry for the hijack, but we're native plant enthusiasts from a family of landscapre architects. We had to use torches to eradicate the barberry from our yard, and we're still working on the autumn olive infestation. :( Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted June 8, 2013 Share Posted June 8, 2013 That can be hard to find at nurseries, though. You might find it at a native plant sale run by a wildflower or native plant society, but sometimes even those plants are have been hybridized. You may not see the individual barberry nearby spreading, but its seeds most definitely are - birds are spreading them everywhere. Sorry for the hijack, but we're native plant enthusiasts from a family of landscapre architects. We had to use torches to eradicate the barberry from our yard, and we're still working on the autumn olive infestation. :( it can also depend upon where you live. (climate/growing conditions do vary greatly across the country.) I don't live remotely close to an area that has it listed on their invasive plant lists. english ivy is the local nightmare here. Quote Link to comment Share on other sites More sharing options...
JenninMN Posted June 9, 2013 Share Posted June 9, 2013 Would it be possible to fence off half of your yard for your dog? I was thinking of just a chain link fence zig-zagging across the middle of the back to keep him on the half away from the annoying neighbor boy. I know that it would be an expense and a pain, but it might be worth the peace of mind. I might add the motion sensing sprinkler in the other half of the yard then. Quote Link to comment Share on other sites More sharing options...
Whereneverever Posted June 9, 2013 Author Share Posted June 9, 2013 Would it be possible to fence off half of your yard for your dog? I was thinking of just a chain link fence zig-zagging across the middle of the back to keep him on the half away from the annoying neighbor boy. I know that it would be an expense and a pain, but it might be worth the peace of mind. I might add the motion sensing sprinkler in the other half of the yard then. If I wasn't planning to sell it soon, I would. I think that would ding my resell value a bit. Quote Link to comment Share on other sites More sharing options...
Laurie4b Posted June 9, 2013 Share Posted June 9, 2013 How often does the board meet and are any of their neighbors on it? Is there an avenue for formal complaint? ETA: At the very least, I'd press them to formally OK something that you can do to the fence to discourage the child from a list provided to them. Part of me thinks this is a great idea. That might get you the OK to put something up. It also might result in some action from the HOA. You don't even have to go in looking like a bad guy, just "The child out back keeps climbing our fence and I'm afraid something will happen to him. I've tried talking with the parents. May I get an exception to protect him, our dog, and us from liability?" On the other hand, I wonder if a record of it at the HOA might be something that potential buyers might find out about: "problem neighbor." I guess if they don't have a dog, it would be okay. Sorry you're having to deal with this! Quote Link to comment Share on other sites More sharing options...
Alessandra Posted June 9, 2013 Share Posted June 9, 2013 Please don't - not any one of us! - plant barberry! It's terribly invasive, and provides an ideal habitat for ticks. We don't want that! Invasive issue: http://www.nps.gov/p.../fact/beth1.htm Ticks/Lyme issue: http://www.theday.co...WS#.UbKqMYy9KK0 It's an absolute bear to get rid of - very nasty! Sorry, Alessandra, but I had to say my piece! Excellent point! And the pyracantha I mentioned can have insect/disease problems, as do many other plants in the rose family. No need to apologize!! Actually, it might be prudent to avoid thorns/spines in case kid injured himself and people felt that you planted them specifically against the kid. I was getting carried away with keeping the kid out. But I really feel for op -- what a hard place to be.... Quote Link to comment Share on other sites More sharing options...
Ellie Posted June 9, 2013 Share Posted June 9, 2013 If I wasn't planning to sell it soon, I would. I think that would ding my resell value a bit. But you could use chain link and not imbed the posts in cement; then it would be easy to remove. Quote Link to comment Share on other sites More sharing options...
songsparrow Posted June 9, 2013 Share Posted June 9, 2013 Depending on whether or not your dog is likely to go around/over/through it, you could just get the simple garden stakes that you hammer into the ground and attach chicken wire or the plastic chicken wire. I've put that up to keep my dog out of parts of the yard when I've had grass seed that I didn't want him to walk on. Quote Link to comment Share on other sites More sharing options...
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