Q: There are five aggressive dogs at my condo complex. I’ve been bitten by a German Shepherd and another German Shepherd just tried to attack my dog who was in a stroller.
How does the homeowners association enforce rules, if there’s pet restrictions or 50-pound weight limits or whatever the restriction may be. How does anyone enforce anything especially when someone claims the dogs are service animals or emotional support animals? These are neither and they are large dogs.
When I got bit by a dog, it was actually on video by the elevators and management just said I should report it to animal control. Management said their hands are tied because no matter what they do, if the owners don’t listen, they’re still considered emotional support animals.
Can an association remove a dog if it shows aggressive tendencies even if its a service dog?
While Chapter 116 of the Nevada Revised Statutes (NRS) governs Common-Interest Ownership (HOAs) and dictates pet rights, dog bite liability falls under general negligence law and NRS 202.500 for dangerous dogs. Nevada generally does not enforce strict liability for dog bites, instead utilizing “one-bite” or negligence principles.
Dog bite liability and Nevada law Negligence &“One-Bite” Rule: Owners are typically only liable for their dog’s first bite if they knew or should have known their dog had dangerous or aggressive tendencies.
Negligence Per Se: If an owner violates a local safety or leash law, they are automatically deemed negligent.
Dangerous/Vicious Classification: Under NRS 202.500, a dog can be classified as dangerous if it acts aggressively unprovoked on two separate occasions within 18 months, or vicious if it inflicts substantial bodily harm or death. Owners of vicious dogs face strict confinement mandates and potential felony charges.
Statute of Limitations: You have two years to file a personal injury lawsuit from the date of the incident.
How NRS 116 (HOA regulations) intersects with dog ownership Right to Keep Pets: Under NRS 116.318, an HOA cannot broadly ban unit owners from keeping at least one pet.
Reasonable Restrictions: Associations can impose reasonable regulations regarding leashes, noise (e.g., barking), and waste cleanup in common areas as outlined in NRS 116.3102.
Vicious Dog Restrictions: NRS 116 contains a legal provision which presumes that HOA restrictions on the ownership of a “dangerous” or “vicious” dog (as defined in NRS 202.500) are legally reasonable. [1]
Penalties: If a dog bite or attack occurs on common property due to a failure to restrain, the HOA may fine the owner per NRS 116.31031, in addition to action taken by local animal control.
Was the dog bite on private property or common HOA property?
Was this the dog’s first known bite?
Does the dog have a history of prior documented aggression?
You will need to file your complaint for Clark County incidents by contacting Animal Protection Services (APS). There is a seven-day-a-week dispatch line at (702) 455-7710. For after-hours life-threatening emergencies or immediate public safety concerns, call 911. [1]
You can submit your report using the following options:
Phone: 702-455-7710
Email: AnimalProtectionServicesInfo@ClarkCountyNV.gov
Fax: 702-455-8102
Mail/In-Person: 4701 W. Russell Rd, 1st Floor, Las Vegas, NV 89118 (Office hours: Mon-Thu, 7:30 AM to 5:30 PM; no animals accepted here)
An association can assess a fine upon the homeowner but only animal control can take more assertive actions including removing the animal. As an FYI, animals that have the protection under Fair Housing laws, their service or emotional support animals, must also abide by these state laws concerning aggressive behavior where their animal inflicts injuries to others.
Questions may be sent to
holland744o@gmail.com.
