Q: We live in a 55+, gated community, which contains 2 separate communities. (2 different HOA's plus 1 common area HOA)
One community has declared that the other community is not allowed to walk their pets in their community. We all share a common road that provides ingress and egress to the entire development.
Is each community considered private or public land? If public, can such a restriction be enforced?
A: An attorney would need to read the Declaration of Covenants, Conditions, Easements and Restrictions to determine if the HOA is overstepping its authority. HOAs generally have the ability to adopt reasonable rules and regulations as well as long as the rule has a legitimate business need. It may be an issue with people walking their pets off leash or not picking up pet waste, in which case it would be a legitimate business need. This means everyone suffers the consequences of those who cannot follow the law (leash laws) and rules.
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