What is the name of your state? Vermont
My condo association is having a dispute about use of the common land. I like to walk along the grass behind my unit and along the treeline, which passes several units with my dog. My dog is always under control and on a leash, and I pick up after it. The walks are brief, about 3 minutes total, no lingering by anyone's limited common area or unit, as it's just to stretch my legs and for the dog to pee. Our association says domestic pets have the right to all common areas, if they are under owner control and picked up after.
Two neighbors have complained. One says her dog was traumatized because a previous homeowner's dog bit it and now she doesn't want anyone walking a dog anywhere around her unit because she wants to leave her dog out on a leash. Moreover, she says her dog now gets easily scared, and may even react aggressively. The other neighbor says it is an invasion of privacy that someone walks on the common land behind her unit.
The board says that it isn't a violation but requests that I respect the wishes of my neighbors. They suggest I walk my dog elsewhere. I pointed out that I moved to this association because it has the acreage to walk on and I was told it was all open to everyone and that, even if I left my dog at home, I would still wish to walk along that area. That seems to be the trouble - that I'm walking on the area, regardless of the dog.
I have read and re-read our by-laws, and the say that you can't partition the common areas at all, and that you can't re-allocate interest in the common area without a unanimous vote of the homeowners. So, here are my questions:
1. Does redefining where a homeowner can walk count as partitioning or dividing the common area?
2. Does walking for a couple of minutes a day (no more than a second or two at a time past the complaining homeowners' units) constitute a nuisance?What is the name of your state?
My condo association is having a dispute about use of the common land. I like to walk along the grass behind my unit and along the treeline, which passes several units with my dog. My dog is always under control and on a leash, and I pick up after it. The walks are brief, about 3 minutes total, no lingering by anyone's limited common area or unit, as it's just to stretch my legs and for the dog to pee. Our association says domestic pets have the right to all common areas, if they are under owner control and picked up after.
Two neighbors have complained. One says her dog was traumatized because a previous homeowner's dog bit it and now she doesn't want anyone walking a dog anywhere around her unit because she wants to leave her dog out on a leash. Moreover, she says her dog now gets easily scared, and may even react aggressively. The other neighbor says it is an invasion of privacy that someone walks on the common land behind her unit.
The board says that it isn't a violation but requests that I respect the wishes of my neighbors. They suggest I walk my dog elsewhere. I pointed out that I moved to this association because it has the acreage to walk on and I was told it was all open to everyone and that, even if I left my dog at home, I would still wish to walk along that area. That seems to be the trouble - that I'm walking on the area, regardless of the dog.
I have read and re-read our by-laws, and the say that you can't partition the common areas at all, and that you can't re-allocate interest in the common area without a unanimous vote of the homeowners. So, here are my questions:
1. Does redefining where a homeowner can walk count as partitioning or dividing the common area?
2. Does walking for a couple of minutes a day (no more than a second or two at a time past the complaining homeowners' units) constitute a nuisance?What is the name of your state?