We are about to yes. As for ejecting people, it’s not that easy. These people own a condo here. We can’t just evict them. We can sue them though for breaking the covenants.
Tennessee may be hugely different, but the OP asked what I would do in his situation. I as HOA rep would have reported each incident to Animal Control. Anything less could open up the HOA to a lawsuit. If the victim did not wish to prosecute then the police would not be involved, but the report would be on file. In my area Animal Control would certainly take action after the second biting report.
As HOA rep that’s exactly what I and the others will do from now on. Unfortunately in Tennessee, no report goes on file unless the victim makes it. With no reports, Animal Control won’t do anything.
This has been my experience, the police won’t take a crime report unless the victim reports it …
… however, if the victim doesn’t report it, perhaps hold the victim culpable … this is a “strongarm” technique I’ve used in the past with generally favorable results … if someone punches you and you don’t report it to the police, then YOU are an active participant in the crime, let me start a lawsuit against YOU … as the HOA president, you have an obligation to be intolerant of any crime … be the asshole, it’s why you take down that $120k salary …
We are trying to talk the guy into making a report. I think he might change his mind when he is done with the work on our site and is off the premises.
God, I hope he’s not looking at bringing a lawsuit on the HOA? I mean, if he sues the dog owners he won’t get anything. If he sues the HOA he might get a large settlement. It sounds fishy that he’s waiting til the job is finished. Why would he do that?
What makes you say that? IMHO, the ideal thing would be to sue him and make him rely on his homeowners insurance to cover his cost. The insurance will then cancel coverage as long as the dog remains in his possession.
Yeah I’ve wondered that. But he would profit by suing the owners too. They personally don’t have anything, but they have insurance.
It’s a total mess.
I had a verbal altercation with the owners today and it was insane. They think they are being unfairly targeted.
Another update. Another board member convinced the bite victim to file a police report. Good news for us.
Agreed. The vast majority of dogs go their lives without biting someone; this dog needs to not live in a condo complex with many people and dogs around it.
This also needs to be reported to Worker’s Compensation - his injury occurred while he was working, and if his company does not have WCB, then your HOA may be considered the Prime Contractor and you could be on the hook for his injury.
You really need to solve this vicious dog issue; your butts are really swinging in the breeze here!
No it can’t be possibly be the individual dog’s ‘fault’ I agree with that. But the owner’s free pass IMO, on moral basis if we knew all the facts, is the first time a fairly strong dog shows itself fairly aggressive to people. The weasel ‘fairly’s’ are to avoid ‘zero tolerance’ type nonsense (a puppy nips a finger, etc) and apply common sense. Owners are seldom IMO really surprised at their dogs biting people, and theorizing about whether human aggressive traits are properly (or successfully) bred into any recognizable type of dog* is beside the point. If the particular dog you have is prone to aggression toward people and you don’t get rid of it, it’s your fault what happens from there.
Also I don’t think enough distinction is made sometimes nowadays in the age of ‘pet parents’ (OK we call ourselves ‘mommy’ and ‘daddy’ to our dog too, but we’re at least semi-kidding) between dogs going after other dogs and going after people. Big difference IMO. And lots of dogs want to do one but not the other. Not that it’s OK to let your big strong dog injure somebody else’s dog, it’s completely not OK. It’s not OK either to let your dog aggressive dog off leash to lose a fight with a dog on its leash (other dogs need to stay clear of ours for their safety but they are dogs and don’t know that, it’s up to their owners to keep them safe with a leash, our dog is always on hers outside, and never anywhere where other dogs can legally be off theirs). But dogs aren’t people: dogs biting people is a lot more serious.
*backyard breeders create inbred crazy dogs, but there’s surprisingly little evidence, for the degree some people think it, that any recognized breed is prone to human aggression as a breed rather than as individual dogs and according to how the individual dog is managed.
That’s what I was thinking workmans comp. can be vicious in running down who’s at fault in an injury like this. Too many loose ends. I would be covering my butt 9 ways from Sunday if it was me. If that hand has nerve damage the payout could be huge. Just saying.
Yeah, what the OP, the police, and animal control don’t seem to recognize is that the HOA is a victim of this dog bite too. Good to see it was finally reported by the worker though.
Illustrative anecdote:
I once ended up owning two pit bull type dogs simultaneously. One was sweet as can be, and actually a bit timid. The other, which I raised from a puppy, and so know it was not mistreated or encouraged to be aggressive, was OK with people but would go after any other dog no questions asked.
I finally got rid of her when she opened her kennel latch, then opened the other dog’s kennel latch and beat the crap out of it. 
So I would say that Yes, they can be sociopathic.
Any injury that occurs at work can cost a company tens of thousands of dollars. Also, your laws could be different where this dog bite occurred, but here in Alberta, injuries that occur at work are required by law to be reported to WCB.
So glad you’re making progress. Nuisance animals can ruin a whole neighborhood.