dog runs

My HOA restrictive covenant did not specifically mention or restrict dog runs anywhere in the Restrictive covenants, but did mention fences and its construction, so I went ahead and built a fneced in dog run, the HOA Board demands that I remove it immediately, I am refusing, stating a fence is a fence and a dog run is a dog run, they say they will not discuss dog runs and will only discuss fences...stating that if I do not remove the fence they will asses me $50 each month I refuse...I was under the impression Restrictive Covenants had to be specific and not ambiguous, what can or should I do?????

Your very, very wrong.

Its not a "fenced in dog run" its a fence. And because its a fence, you must follow the rules of fences in your HOA.

Are fences not allowed in your HOA? Or did you not follow the proper procedures to get a fence approved, etc.

A rose by any other name is still a rose.

A fence by any other name is still a fence.

Your "dog run" is enclosed by a fence.

Your argument is childish. Take it down.

Agree with the above, unless of course the dog run is somehow an unconfined area without a physical barrier preventing the dog from escaping (i.e. a fence)

Bad advice.

If it looks like a duck, quacks like a duck, walks like a duck, it is a duck.

The fence is NOT a dog run. The fence merely ENCLOSES a dog run. If it looks like a fence, and meets the definition of a fence, it still is a fence, no matter what you call it.

You're playing with words. It's a childish argument. The law is NOT on his side. Judges are not childish.

John,

Does your structure meet any of the following definitions (look in your dictionary for one, if you wish)?

A structure serving as an enclosure, a barrier, or a boundary,

A barrier, railing, or other upright structure, typically of wood or wire, enclosing an area of ground to prevent or control access or escape.

A fence is a freestanding structure designed to restrict or prevent movement across a boundary.

Those are all definitions of a fence which you can look up. If your structure meets those definitions, then it is a fence.

Guess what a judge would do to determine if your structure (what you refer to as a dog run) is or is not a fence. You guessed it. He would look up the definition!

I know nothing about them, but have heard of "invisible fences." Are they any good?

Invisible fences do not require the dirt or grass to be dug to be installed. It is simply a wire that is plowed underground by a special installing device. Only a tiny furrow a fraction of an inch (probably less than 1/8") is made in the ground which quickly closes over. The wire transmits a radio signal to a receiver around the dog's neck. When the dog gets too close to the imbedded wire an alarm is emitted (audible to only the dog) followed by an unpleasant sensation. As the dog is "trained" the dog learns to stop when the alarm is heard, but before the unpleasant sensation is felt.

Of courses, invisible fences do not work during a power outage. Also, if a dog does manage to get outside the perimeter of the fence, the dog will be reluctant to return to the inside for the same reason. The device causes the alarm and unpleasant sensation no matter which way the dog is traveling: from the inside out, or the outside in.

The issue of whether they are permitted by your HOA or not is an interesting one. Technically, they may not be allowed or they may require prior approval. HOA restrictions, just like our laws, sometimes have to play "catch up" to allow for technological advancements that were not forseen when the restrictions or laws were written.

I am leaning towards saying a dog run is not allowed but I am also reminded of the other thread where a covenant stated something along the line that "fences or like structures" are not permitted. I guess one could make an argument saying a dog run is not a fence depending on the language of the covenant's phrasing. Someone could reasonably argue that the restriction implies that traditional fences are banned - not dog runs or even something like a small fence-style plant border.

I would consider consulting some attorneys for their opinions on the matter to see whether it is worth the fight. Maybe you could submit a request to the board to build a "dog tunnel."

We try to impress on all our Owners and Residents that it is “never wrong” to ask – and/or never wrong to “ask first” – even it appears that someone else has done what you would like to so.

Many requirements, have at the end of the sentence, words such as: or similar, or the like, or some other phrase, that indicates that not every single thing that anyone could possibly think of is listed.

Even if JohnS61’s Documents do not have words to that effect, just the very fact that “dog runs” was not mentioned should have “clued” JohnS that he needed to ask first.