HOA Restrict Access To Streets? - Minnesota

Hi Everyone,

I live in Plymouth, MN and would like to know if an HOA can restrict access to their members only on non-gated streets? My property is surrounded by several HOA communities and I routinely walk my dog on the streets of the various communities. I always have my dog on a leash and am very conscientious about picking up after my dog. However, there is one resident within a community that literally chases me off the "HOA streets" and insists that I am breaking the law by walking my dog on "their" streets. There are no signs posted anywhere in the community that would imply non-residents are restricted from using the streets, so I would like to know if the claims have any validity; and if so, what law gives the HOA such authority? Thanks in advance!

-John

John,

You are being harassed by a whacko. Let them call the police if they think you are breaking some law. This person is not the HOA. If the HOA has a complaint, let them make it. The fact that the HOA has not posted signs restricting use of the streets and sidewalks says that they are available for public use.

If this is really worrying you, pull up the plats at the recorder's office. There is likely to be a dedication on the plat that reads something like, "Streets and sidewalks are dedicated to the public for use as such" or "Streets and sidewalks are dedicated for non-exclusive ingress and egress." One the other hand, if you should find the word "exclusive" then the person harassing you may have a valid claim.

Next time you walk your dog, take your cell phone with you and call the police if this person continues to harass you. (If it was me, I would give them a good dose of pepper spray if they got in my face.)

In our HOA, we have two public streets and the rest are private. That being said, unless you are causing a problem, I'm not going to chase you off and/or call the cops. And when folks do call the cops they say, "What do you want us to do, it's private property?"

I think this particular person is overreacting, but I do agree you may want to modify your route until you're off her radar screen.

John

While I think the person is being petty....it is their private property.

The only thing "PRIVATE" really means when it comes to roads is that they are maintained at the expense of the residents that live on them.

ANYONE and EVERYONE has rights of ingress and egress on "private" roads. If I were you I would continue to walk where I pleased.

My co-workers and I often go for a walk on our lunch breaks in the sub across from our office building. We have occasionally been accosted by a resident who likes to yell: "These are PRIVATE roads!" from her balcony.

After trying to explain the misconception many people have about private roads (and getting nowhere), we just tell her to call the cops and go about our business.

Don't let the morons bully you