Logan, UT asked in Municipal Law, Animal / Dog Law and Real Estate Law for Utah

Q: If my dog is on my own condo association's common property, am I subject to local leash laws? Or just condo by-laws?

Our puppy slipped under our private gate onto condo property. We recovered her within seconds, but a neighbor complained to police of a leash law violation. We came home after an evening out to find a note that warned of a citation if we did not contact the officer about the complaint. We looked up the leash law and it specifies that dogs must be leashed when not on the owner's property. While we didn't intend for our 3-month-old puppy to run free, I'm wondering if the law was actually broken? The common area is jointly owned, so it seems to me, the pup was in fact on our property the whole time. I realize we are subject to any association rules regarding pets and common areas, but do municipal ordinances even apply in this situation? Thanks!

1 Lawyer Answer
Lincoln W. Hobbs
Lincoln W. Hobbs
  • Salt Lake City, UT
  • Licensed in Utah

A: That would depend upon your condominium association's governing documents and the local ordinances. Many condominium declarations expressly incorporate municipal animal ordinances. You do have an interesting defense if the city is seeking to fine you, rather than the association.

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