Van Nuys, CA asked in Animal / Dog Law, Land Use & Zoning and Municipal Law for California

Q: HOA decided to open dog park in close proximity(less then 50 feet) to my unit. Do I have any legal base to remove park?

1 Lawyer Answer
James L. Arrasmith
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  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When it comes to a Homeowners Association (HOA) and the decisions they make regarding common areas, it is essential to review the governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any applicable rules and regulations. These documents typically outline the rights and responsibilities of the homeowners and the HOA. Depending on the specific provisions within these documents, it is possible that you may have certain rights to challenge or address the decision to open a dog park in close proximity to your unit. Look for provisions that govern common areas, noise restrictions, or the use of common amenities. If you believe the decision violates these provisions or if you can demonstrate that the proximity of the dog park significantly impacts your quiet enjoyment of your property or creates an unreasonable nuisance, you may have grounds to voice your concerns or seek remedies within the HOA's dispute resolution process. It would be advisable to consult with an attorney experienced in HOA law to review your specific situation and provide guidance based on the governing documents and applicable laws in your jurisdiction.

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