OurHOA
Pets & parking

How do we set up pet waste stations and a dog area in our HOA?

By OurHOA · General information · Revised

How an HOA board sites pet waste stations, hires a service vendor, sets up a dog area, writes the rules and signs, and checks whether the program is working.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Complaints about dog waste rarely stop because the board sends another reminder letter. They stop when bags and a bin are within sight of the spots where dogs actually stop, someone empties those bins on a schedule, and the rule is posted where it applies. Start by mapping the problem, put stations on the routes people walk, hire one vendor or name one volunteer to service them, and adopt a short written rule. Add a fenced or designated dog area only if owners want it and the board has priced it. Plan on about two months from the first survey to working stations. This guide covers the board's job. Whether the association can require owners to pick up, and how DNA matching programs work, is in our guide on whether an HOA can make you pick up after your pet. Rules vary by state and by your governing documents, so nothing here is legal advice.

Why it is worth the board's time

The complaint is about smell and shoes, but the bigger cost is water. EPA's stormwater guidance on pet waste says waste left on the ground washes into storm drains and then into streams and lakes, and calls it a leading source of nutrient and bacteria pollution in urban streams. An outreach fact sheet in EPA's nonpoint source toolbox puts the average at 23 million fecal coliform bacteria in a single gram of pet waste. If your community has a retention pond, it is the first place that runoff lands, and algae from the extra nutrients is a maintenance bill the association pays. A county or city with a stormwater permit may also have its own pet waste ordinance, so check the local code before writing a rule that duplicates or conflicts with it.

Map the problem before buying anything

Spend two weeks finding out where the waste is and why. Ask two or three volunteers to walk the common areas on different days and mark every pile on a printed site map. Pull the last year of complaints and note the locations. Then send owners a three-question survey: "Do you walk a dog in the common areas? Where do you usually walk? Would you use a bag station if one were within a block of your route?" EPA's guidance makes the same point for cities. Before designing the program, find out whether people skip the cleanup because they do not know better or because there is nowhere to throw the bag. If the map shows piles clustered far from any trash can, it is the second. The marked map usually shows clusters at the entrance, along one trail or greenbelt, and near the mailboxes. Those clusters are your station sites.

Where to put stations and how many

Put a station at each cluster, at the start of every trail, at each entrance to a dog area, and near any path that runs along a pond or creek. Place it where a walker sees it before the dog stops, not after, and on a hard surface next to the path so the vendor can reach it without crossing a lawn. A station is a post with a bag dispenser, a lidded bin and a sign. Size the bin from use. If 30 dogs walk a loop twice a day, that is about 60 bags a day, and one small bin will overflow in hot weather well before a weekly pickup. EPA's guidance also describes two cheap tricks that steer dogs toward the station: a pooch patch, which is a post with a thin layer of sand and bins nearby, and letting grass grow longer near the station, since dogs are drawn to longer grass. Keep stations away from mailbox kiosks and pool gates, where owners will complain about the smell in July. Get each site approved at a board meeting and note it in the minutes, so a future board knows why a post is there.

Hire one vendor or name one volunteer

Stations fail when nobody owns them. A full bin with a torn bag hanging off it is worse than no station. Either contract a pet waste service or your landscaper, or name one volunteer who is paid back for supplies from a set monthly budget. A written scope should cover: service frequency, weekly at minimum and twice a week in summer for busy stations; emptying bins and replacing liners; refilling bags; hauling the waste away as trash, since EPA outreach material warns against composting it; wiping down the dispenser and sign; a monthly report of bags used per station; and a same-day call when a bin is damaged. Ask for pricing per station per visit so adding or removing a station is simple, and require a certificate of insurance naming the association. Track bag use by station for three months. A station that uses almost no bags is in the wrong place. Move it.

Adding a dog area

A dog area can be as simple as a signed, mowed section of greenbelt or as involved as a fenced, gated run with double gates, a water spigot and a shade tree. Survey owners first, because the non-dog owners pay for it too, and the neighbors next to the proposed site will have opinions about barking at 6 a.m. Check the declaration for authority to change the use of common area, since a fence and gate may count as a capital improvement that needs an owner vote. Call the association's insurance agent before the board votes and ask directly whether the general liability policy covers a dog area and whether posted rules are a condition of coverage. Liability for a bite starts with the dog's owner. Florida Statutes section 767.04 makes a dog owner liable for bites to people in public places or lawfully on private property, regardless of the dog's history. Colorado's C.R.S. 13-21-124 lets a person seriously injured by a bite while lawfully on the property recover economic damages from the dog owner. Neither statute speaks to the association's own exposure if it ignored a known problem dog, so write the rule to let the board suspend a dog from the area after a documented incident. Bite rules differ in Texas and elsewhere, which is one more reason to talk to the agent.

The rule, the sign and the rollout

Adopt the rule the way you would any other: draft, owner notice, a comment period, a vote at an open meeting, then final notice. In Texas, the adopted rule is a dedicatory instrument that has no effect until the association files it in the county real property records (Tex. Prop. Code 202.006). In Colorado, owners must have a chance to speak before the board votes (C.R.S. 38-33.3-308(2.5)). Our guide on how to adopt a new HOA rule and notify owners walks through the steps and the Florida notice rule. A short rule works best: "Owners, residents and guests must pick up their pet's waste immediately in all common areas and dispose of it in a pet waste station or their own trash. Dogs must be leashed in common areas except inside the designated dog area during posted hours." The station sign needs only three lines: "Please pick up after your pet. Bags and bin here. Report a full bin to [phone or email]." Put the report line on every sign, because owners will tell you about a full bin before the vendor does. Send owners a map of the stations with the final rule.

A timeline, and the mistakes boards make

Weeks 1 and 2: waste walks, complaint review and the owner survey. Week 3: the board picks sites and asks for two or three vendor quotes. Week 5: the board approves the vendor and the proposed rule, and the rule notice goes out. Week 8: the adoption vote, the stations go in, and owners get the map. Month 4: the board reviews bag counts and complaint numbers against the starting map and moves weak stations. Month 6: the volunteers repeat the waste walk. The mistakes repeat from community to community. Boards buy stations before mapping, so the posts end up where they look tidy rather than where dogs stop. They skip the service contract and let one enthusiastic volunteer burn out by August. They fine before the stations exist, which reads as punishment for a problem the association had not given anyone a way to solve. They build a dog area without asking the insurance agent. And they never check the numbers, so a program that works gets cut in the next budget because nobody wrote down that the complaints dropped.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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