Common Area Clarification Please!

Mona:

I highly doubt this is a common area. You would need to check with your local municipality, but more than likely it is the homeowner's property but is part of a city easement designed for sidewalk use.

Even if it were common ground I would highly object to someone who thinks it is ok for a dog to relieve itself there, they need to do that on the property of the owner. I get tired of my grass being used for a bathroom.

MonaJ,

Just because the HOA does not provide the maintenance, does not mean the grass bay is not a common area. Same concept exists in non-HOA communities where the state has eminent domain and owns the grass bay btwn. the sidewalk and the street but the owners must maintain them. Your President in essence has established an exclusive use area for the waste of pets and therefore the benefit of the owners. Because if pet owners are allowing their animals to deficate elsewhere, it's a violation isn't it??? Roadways, sidewalks, streets are common areas in HOA's. If your community has other common areas that the HOA maintains in a landscape contract, the owners can always petition the board to amend the contract to add the grass bay in between the sidewalk and the street. Good luck. Because, I'm not sure if that's wise for the appearance of homes. Imagine cutting your lawn and then in 3 days, the HOA landscaper will come to cut the HOA's common areas which were expanded to cover the grass bay. Your lawn will look spectacular, but the grass bay will be overgrown.

GeraldT1

SwanB,

Your situation is different than the one explained by Mona in that you do not have sidewalks lining the street or grass bays. Not sure if your response is supposed to justify something?

If an HOA allows unit owners to have pets, than the HOA must develop reasonable use areas, and rules and regulations to permit walking the pets and for waste pickup. It's important to remember that the rules and regulations are for the unit owners. When it comes to something like a rule that applies to a dynamic situation (animals need to urinate and deficate), owners need to be realistic. There are times when the pets just do their own thing. S#*T happens!! The unit owner then needs to correct the result of the pets actions (pickup waste, etc.). In your situation it's the unit owners that are using your grass sections for their dog's toilet, or that a stray pet is defecating. Unfortunately, the unit owners who have pets are not "flushing" the space clean. That's where the breakdown really occurs.

In the grass bay situation with Mona, or yours for that matter, would it be better if the animals urinated and deficated on the street? That could not be ideal for the pedestrians and car tires tracking it all over the community. HOA's need to get tough on the pet leash law and cleanup rules AND develop use areas that are realistic and benefit owners with pets and their neighbors.

GeraldT1

The only way you can find out if your president is correct is to read your documents (declaration, bylaws, etc.) which will give you the information as to what is considered common areas.

I manage Florida associations and have found that most of these grassy areas are common areas but should be maintained by the resident of the house they abut.

I agree that dogs should not be permitted to relieve themselves there but where does a person take their dog? Is there another area you could suggest to the board?