Walking in Common Area

[JCM]

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?

[BelizeBreeze]

Originally Posted by JCM

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?

no

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?

Not in my mind.,

Of course, you can always flip the neighbors off as you walk past.

The condo association is correct. The neighbors don't have a case.

[JETX]

Originally Posted by JCM

Does redefining where a homeowner can walk count as partitioning or dividing the common area?

No.

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?

That asks for a subjective conclusion. In my opinion, it does not.

I would politely tell your condo association to pound sand. As the rules are currently constructed (per your post), there is nothing to restrict your continuing your practice.

[ENASNI]

Are you hairy?(male or female) Is it against the "rules" to walk naked in the common ground? If not do that too, and you know dress your dog up. A naked person and a dressed up dog in a tutu.. will really shake them up...

You are not in the wrong, sheesh I hate dem dam stupid made up rules and stuck up people.

[asylum23]

I think I'd start walking more. They can't enforce this if it's not in the CC&R's. And whining, spoiled homeowners who think they own common areas means nothing. I would tell the Board that unless there's a rule against it, you don't want to hear about it again.

[HomeGuru]

neighbor is barking up the wrong tree. Throw the neighbor a bone.