Public Pedestrian Easement and HOA R&Rs

MM14, I did a little reading about "public pedestrian easements" on the net. I am betting that the HOA cannot impose its restrictions on this "public pedestrian easement." My reasoning is that non-HOA members use this easement at will. Can the HOA send violation letters to non-Members? Of course not. For fun, maybe explain to the Board that you are using the easement as a member of the public, not as a member of the HOA. Explain that your understanding is that the HOA cannot regulate members of the public using this easement in any fashion typical for other public pedestrian pathways.

Else to play the bad cop: I support leash laws. I know of too many dog bites from off-leash dogs.

Nice work, MM14

AugustinD, point taken but meant to mention, the dog is 9 lbs poodle heavily trained off-leash. More at risk of being eaten than eating anyone/anything! ;)

Melissa, the discussion is about the rules and law on easements. I've seen a lot of your posts and you interject your opinions and feelings when people are asking for direction/advice on laws, CC&Rs, Bylaws, and R&Rs.

You are perfectly entitled to your opinion, but in this case, it was not asked for.

BarbaraT1, I got a violation.

...and yes, alas, opinions are out there, but I get annoyed with proselytizing.

No disrespect taken....HOWEVER, my question, regardless of what the violation is, was about HOA rights on county registered public easements PERIOD.

They also have a no bicycle rule, so if they are going to enforce, they are legally bound to enforce all the rules.

I am NOT fighting their right to call animal control and have the county issue me a ticket. BUT the last time I saw a policemen go after a poodle, the guy apologized to the owner and DID NOT issue a ticket, DID NOT give a warning, or anything else. He actually told the guy to walk in the opposite direction of the neighbor who complained (this was not me and in another State).

You all are perfectly entitled to give me your opinions, and I am perfectly entitled to tell you that you are missing the ENTIRE POINT.

Enough already with the proselytizing! SMH

Think the point is that someone called you out for walking your dog unleashed in a public area viewed by the HOA membership. Again I don't believe dogs should be off leash at anytime except in your own back yard or in designated dog play area. It irritates me to no end to see someone so cocky as to walk their dog off leash as if that is some kind of fancy trick. It's not. Most people take that as pompous when they see someone "controlling" their dog off leash. What's the point other than to show off your controlling skills over a dog?

A neighbor was walking her dogs on leashes outside our HOA on the sidewalk. (Public sidewalk by road). 2 dogs from another neighborhood had gotten loose. They came up to her dogs and killed 1 of them. The other she was able to grab. She was also bitten. The dogs had a history with animal control. I was President at the time. Completely helpless in helping her. The attack did not happen in the HOA. It gave her less power to hold the dog owners responsible for her dog's death/attack.

So what would happen if your dog was truly attacked? How would you react and/or demand of your HOA then?

devil's advocate:

it is NOT a public walkway

the public has an easement to use the HOA's walkway

the OP is an HOA member bound by the HOA's covenants and restrictions

said member is in violation

case closed

Nope, not case closed. Nevada Revised Statutes state otherwise. And, should they decide to navigate the other avenue, they'd have problems with the other NRS that states if you don't enforce consistently, you cannot enforce.

...and ran it past a lawyer who verified.

Regardless of anyone's opinion, the question was posed, my facts were honestly provided (I've seen many withhold germane facts and be condemned for it). I am beginning to understand why some withhold...damned if you do, damned if you don't.

I managed to get info because of the help of some and despite the criticisms of others. The problem with enforcement is that if they are going to enforce, they will have to enforce all of their rules and in a consistent manner. That has been my point and question this entire time despite the continual bashing.

NRS 116.350.1  "In a common-interest community which is not gated or enclosed and the access to which is not restricted or controlled by a person or device, the executive board shall not and the governing documents must not provide for the regulation of any road, street, alley or other thoroughfare the right-of-way of which is accepted by the State or a local government for dedication as a road, street, alley or other thoroughfare for public use."

NRS 116.31065.5 Rules "Must be uniformly enforced under the same or similar circumstances against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner."

The following is directly quoted from the R&Rs and if they choose to enforce one, they must enforce all the rest of these:

“Items that may be thrown or flown shall not be used on the Property.”
“Riding of wheeled activity devices on streets or sidewalks is prohibited.”
“Residents may not partake in the following activities in the Greenbelts or Common Areas – Football, kickball, baseball, volleyball, badminton, golf, basketball, paddle ball, motorcycles, mini-bikes, bicycles or any other wheeled-activity devices.”

Despite all of the nonsense thrown my way, a few of you have been helpful, and for that, thank you. The rest of you,however, won't be happy until I beat my chest in a heartfelt mea culpa. So sorry to disappoint!

Thank you. Don't have it in me for it either...