Public Pedestrian Easement and HOA R&Rs

The plat registered with the county for our complex shows a walking path, outside of the fenced/gated community, as part of the property but identified as "public pedestrian easement".

Nevada Revised Statutes (NRS) 278.0177 declares streets include public easements, NRS 116.345 and NRS 116.350 (available online) seem to indicate that an HOA "may not restrict, prohibit or otherwise impede the lawful residential use of any property that is within or encompassed by the boundaries of the planned community and that is not designated as part of the planned community."

So can an HOA send a violation notice regarding R&Rs that are only appropriate within the community? The HOA has quite a list of what owners cannot do (ride anything with wheels on streets or sidewalks, including bikes, roller skates, skateboards, mini-bikes, dogs off leash, etc). But can they enforce those rules, in totality, on the "public pedestrian easement"?

I ask because I've received one. Yes, my dog was off leash and yes it's against the local ordinance, but can the HOA send me their own HOA violation notice? Thoughts?

Inside the gated community they can enforce the R&R's and CC&R's all day long. Outside the gate, it depends on what the infraction is. Our gated HOA is having an issue with a age-income qualified apartment complex that does not allow any smoking on their property whatsoever. SO, these residents and maintenance staff cross the street and smoke from the public sidewalk. What they do is leave their cigarette butts in our landscaping. There are hundreds of disagreed butts in our landscaping. Our PM sent a courtesy letter to the property manager of the Apartments. There are still a few smokers depositing their butts in out property, the rest loiter and litter another gated HOA across from our HOA.

It's like playing whack-a-mole.

What is the infraction that has your BOD knickers in a twist?

My HOA would not get involved, even inside the gates they would likely just send a courtesy letter. They would refer the complainant to file a complaint with animal control.