HOA Designated Animal Areas

I've never felt large dogs should be treated differently than the small ones - not because I prefer large dogs(!) but because those critters can create just as much poo and racket. That being said, the association does have a right to set reasonable rules for pets and your owning a service dog doesn't make a difference - you might want to see the other conversation on this board I started about service animals. If homeowners have to walk their dogs in designated areas, that's what you'll have to do, or risk a fine, if you don't. You could appeal, but you'd probably lose.

Anyway, your board may have to start hitting people in the wallet (that usually gets their attention) and I'm not just talking about fines, as you have to catch people in the act. I've heard there are companies that will actually clean up dog walking areas, so your board might want to look into that, budge it as a line item in the operating budget and adjust assessments accordingly. Better yet, if they know all of the owners who have a dog, perhaps THOSE owners (including you) need to be assessed some sort of annual fee to pay for this - why should a non-pet owner have to pay for your mess?

I'm sure people will moan about that, saying "but other people come to our community and use our bark park." If that's the case, someone needs to tell those people the area is limited to residents only. Or put a camera in the area to monitor it so you'll know when a resident's dog does its business and the owner walks away. There are even companies who you can pay to collect samples of the poo to test its DNA to find out which animal did the do, as it were. Hire a company like that, if one exists in your area and those costs can be built into whatever fine is assessed. (I'd love to see someone try to appeal THAT!) Unfortunately, there's not much you can do about visitors unless the area is fenced off, and then you'll have to install some sort of key system to ensure only residents are able to access it (if they let in their friends, enemies or whoever, they get fined for that too). The area was set up for residents, so either they figure out a way to police it themselves or shaddup and keep the place clean as best they can. Peer pressure can be very effective.

Finally, if no one else says it, thanks for being a responsible pet owner. Too many people don't seem to know or care that an abundance of poo will attract flies that carry diseases that can affect their pets AND people. Not to mention poo also attracts vermin like rats, and you know what kind of havoc they'll create.

If you are taking the dog out to go to the bathroom and want to stay around the condominium, then yes. You are required to utilize the designated area.

You are free to take the dog off property if you wish.


You would be considered to be a pet owner like all other pet owners in this instance.
If there was a physical disability or physical barrier preventing you from ingress or egress to the designated area, then reasonable accommodation under the FHA might apply.

However, discourteous owners who do not clean up after there pets would unlikely be considered a physical barrier.


Possibly. It depends on what your rules and regulations regarding common areas say.


You can ask. However, to my knowledge you are not considered any different then any other animal owner in this circumstance.

What you didn't ask was how can the Association address this issue.
You may want to consider making a proposal to the board that they hire a company to clean up the pet area on a daily, weekly, or other specified frequency, basis. Make the suggestion that pet owners cold be charged a monthly fee to share the cost of this service. Perhaps you could even do the research (get some ball park figures together from multiple companies) for the Board to consider.

If the Board concurs, this would address the problem.
If the pet owners rebel at the fee, the Board could use that option to instill responsibility in the owners.

Another option would be for the Board to install cameras in the area to identify those who do not clean up after their pets so individual fines could be assessed (as they would then have the proof).

Jeff,

Are you simply trying to get out a potential fine or are you trying to resolve the issue of having a designated area for pets where owners who don't pick up after their pets cause problems that the Board isn't addressing?

I came here for a better understanding on this subject.

On the subject of the of a dirty pet area you both provided solutions to resolve this issue. That was taken care of with both of your answers and needed no further addressing at this time.

There is no fine, but it is important to have clarity on the rules and regulations.
-I'll clarify with the HOA, but I believe it is important to go to more than one source for an answer.

Jeff,

ADA does not apply to private entities, such as your condominium.

FFHA does apply (and almost mirrors the ADA).

Regarding fines, in my opinion, unless State statutes say otherwise, the Association may impose monetary penalties for failure to clean up after your pet. The Association may also impose monetary penalties for failure to comply with the rules and regulations regarding use of the common area with pets.

Although the FFHA may specify that a service animal is not a pet, I disagree with John that the Association may not require you to follow the same rules with your service animal. To see who would be right in that interpretation would require a court ruling.

Although it may be a technicality (and cases are won and lost on technicalities) it's also common sense.

We did not have a designated pet area. However, the area close to the dumpsters did not have issue with. No one lived around them and close to toss.

Unfortunately, the open area near the pool some people were using as a pet area. Which tracked poo into the pool and kids could not use the basketball hoop. It just really stank. What I did was put up a cheap wire fence, spread pet repellent, and put a sign on the fence warning of the repellent/area not pet area. Plus went out and picked up the dog poop.

Of course the people who the biggest offenders complained about my use of pet repellant. It irritated their sinuses. Although on a few occasions I had never put it down. Just put signs up. It washes away in the rain after a few days. In the end, everyone did get the message to NOT use that area as pet bathroom. Just took about a month.

I owned 2 dogs at the time. When I use dog areas, I think it's the responsibility of all that uses that area to keep it clean. If they aren't, then you need to approach the board with some solutions such as putting a fence up, signs, or hiring a service to pick up the poo. (They do exist). Fines just make people angry but doesn't correct the issue. You need something more solid and responsible.