ElaineT (Vermont)
Posts: 21
Posts: 21
Posted:
Are condo developments considered private property and can the hoa determine that dogs can be off leash even though the town has leash laws
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Private property and dog leash laws
Started by ElaineT • 10 replies • 1792 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Yes, common area of the condominium would be considered private property.
You will have to read the city ordinance for the leash law to determine if it applies to the condominium or not.
Where I live, the law specifies that the leash law applies unless the property is fully gated.
I know that this doesn't apply to you but is provided as an example.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Why on earth would you want your dog off leash? Dogs can and do run off (even if trained) and you don't want them running out of the community and possibly get hit by a bus. Some of your neighbors may be frightened of dogs and certainly don't want a dog bouncing up to them (even if it is friendly). And then the dog may run around and proceed to poop everywhere and no one wants to step in your dog's shit and track it in the building or their unit.
I live in a townhouse community and we own two streets (a city street runs through it), but we still have rules mandating owners have their animals on a leash and under control regardless of where they are. This is what responsible homeowners do, so be one and put Fido on a leash! And bring a pooper scooper and some bags with you when you walk it. Responsible homeowners clean up after their pets, too.
I live in a townhouse community and we own two streets (a city street runs through it), but we still have rules mandating owners have their animals on a leash and under control regardless of where they are. This is what responsible homeowners do, so be one and put Fido on a leash! And bring a pooper scooper and some bags with you when you walk it. Responsible homeowners clean up after their pets, too.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElaineT (Vermont)
Posts: 21
Posts: 21
Posted:
I appreciate your reply. My dog is 15 years old and was a sled dog racer. I know this doesn't exempt her from a leash law. For the 8 years I have had her, she has never run away and never been on a leash. she is very calm and does not bother any human beings. In fact, she just ignores them. I know this is very unusual especially for a husky mix. I am lucky to have her.
She gets along with all dogs because she lived with 30 dogs as a racer. She has been off leash at my condo development for 8 years. Everyone knows her including the workers.
The problem is that I had an altercation with the President and every time he sees me with the Izzy, he starts yelling about being on a leash. Izzy was fine with him for 8 years until the altercation. I just wanted to be on solid ground when I discussed this with him. I have had other huskies and they were always on leash for the very reasons you discussed.
She gets along with all dogs because she lived with 30 dogs as a racer. She has been off leash at my condo development for 8 years. Everyone knows her including the workers.
The problem is that I had an altercation with the President and every time he sees me with the Izzy, he starts yelling about being on a leash. Izzy was fine with him for 8 years until the altercation. I just wanted to be on solid ground when I discussed this with him. I have had other huskies and they were always on leash for the very reasons you discussed.
ElaineT (Vermont)
Posts: 21
Posts: 21
Posted:
Our city ordinance is silent on private property so it is up to the condo association to make rules specific to our property.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
I'm going to answer this as a homeowner and not as a board member which I am. I don't care what anyone's reason is for why their dog should be allowed to be off leash. I would be the first person to complain. If you allow this for one person, you allow it for everyone. It's either all or nothing. In the three years I've lived here I've already had 2 incidents where dogs off leash have attacked my dog while I was walking him. In both cases these dogs were ankle biters and thank goodness my 105lb dog didn't eat them for lunch. Your dog may be perfectly fine off leash but others may not be.
As a board member I would respectfully tell you to go pound sand.
As a board member I would respectfully tell you to go pound sand.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By JohnT38 on 08/30/2020 8:51 AM
I'm going to answer this as a homeowner and not as a board member which I am. I don't care what anyone's reason is for why their dog should be allowed to be off leash. I would be the first person to complain. If you allow this for one person, you allow it for everyone. It's either all or nothing. In the three years I've lived here I've already had 2 incidents where dogs off leash have attacked my dog while I was walking him. In both cases these dogs were ankle biters and thank goodness my 105lb dog didn't eat them for lunch. Your dog may be perfectly fine off leash but others may not be.
As a board member I would respectfully tell you to go pound sand.
I'm going to answer this as a homeowner and not as a board member which I am. I don't care what anyone's reason is for why their dog should be allowed to be off leash. I would be the first person to complain. If you allow this for one person, you allow it for everyone. It's either all or nothing. In the three years I've lived here I've already had 2 incidents where dogs off leash have attacked my dog while I was walking him. In both cases these dogs were ankle biters and thank goodness my 105lb dog didn't eat them for lunch. Your dog may be perfectly fine off leash but others may not be.
As a board member I would respectfully tell you to go pound sand.
I agree. The OP is totally wrong and very selfish.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Wow - ElaineT - you are well outside the thoughtful norm.
Be responsible.
Put your dog on a leash.
Good grief.
Be responsible.
Put your dog on a leash.
Good grief.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Condo owners need to understand that *all* owners have rights to use the common areas for any purpose for which they're intended. In our Declaration under the section entitled "Unit Owners' RIghts", it states that no one may interfere with any other owner's use of the common areas.
Not all owners like dogs, some are terrified of them, some are allergic to them. If this were our property, anyone who lets their animals run off the leash would receive a notice stating that the person is violating others' rights to free use of the common areas. This is in addition to the restriction stating that all animals must be on a hand-held leash and under complete control of the person attending the animals. The local ordinance forbidding animals off leashes is just icing on the cake.
Further, any condo board has to worry about liability if anyone is hurt on the common areas. I don't care how "well mannered" or well trained a dog owner claims their pet is. No animal is 100% predictable because the owner doesn't completely control events that can happen. Heck, no human is 100% predictable.
So... the dog leash laws are a red herring here. The issue is that a board has the right to control behavior that takes place on the common elements.
Not all owners like dogs, some are terrified of them, some are allergic to them. If this were our property, anyone who lets their animals run off the leash would receive a notice stating that the person is violating others' rights to free use of the common areas. This is in addition to the restriction stating that all animals must be on a hand-held leash and under complete control of the person attending the animals. The local ordinance forbidding animals off leashes is just icing on the cake.
Further, any condo board has to worry about liability if anyone is hurt on the common areas. I don't care how "well mannered" or well trained a dog owner claims their pet is. No animal is 100% predictable because the owner doesn't completely control events that can happen. Heck, no human is 100% predictable.
So... the dog leash laws are a red herring here. The issue is that a board has the right to control behavior that takes place on the common elements.
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