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Subject: Rules and Regulations as they pertain to community dog park

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PatrickS
(Washington)

Posts:34

10/19/2006 6:54 AM
Pardon me if this may seem long winded, but our HOA which consists of 44 homes and we just built a Multi use park. One of the Multi use items was a dog park. We did an informal written survey of the members and found that all but three were in favor of all the uses except the dog park portion. In our CC&R's it states that dogs must be leashed at all times while in the neighborhood. The park area we built is completely fenced in and has rules while dogs are present and we just ratified our rules and regulations to state that all dogs must be leased unless they are contained within the "dog park area" of the neighborhood. One of the three homeowners who does not want dogs in the common area is saying that by doing what we are doing, we are changing the CC&R's and we must get a complete vote of all the homeowners to do what we are doing. Anyone have a take on this. I know that this homeowner dislikes all animals and has even gone to the extreme of threatening to trap loose cats. We just are doing this to make this a better place for all and the common that we did this too was unused for anything. Thanks you in advance, Patrick

CharlesW1
(Georgia)

Posts:821

10/19/2006 7:35 AM
Patrick, That wasn’t long winded by any means. I too would have to agree with that homeowner. The board is working in the best interest of the entire community. You said that “The park area we built is completely fenced in and has rules while dogs are present and we just ratified our rules and regulations to state that all dogs must be leashed unless they are contained within the "dog park area" of the neighborhood.” The leashing part I’m fine with but the part that says, “Unless they are contained within the "dog park area" of the neighborhood.” I may be picturing this all wrong. You said the entire area is fenced in, so essentially any dog in close proximately of these loose dogs can be attacked or mulled. Doesn’t sound like something I would be all for either. Even if there is a separate section were dogs only are allowed, you have to be concerned that another dogs may attack my dog in defense. If you have a dog you know that many dogs are very territorial, and protective, which will cause some problems. Chuck W.

Charles E. Wafer Jr.

PatrickS
(Washington)

Posts:34

10/19/2006 7:50 AM
I suppose I should have been a little more thorough. We do have rule about agressive dogs etc. Here are the proposed rules. They are pretty much standard with any municipal dog park. We also have several homeowners who do agility competition and train dogs which is also a community service. Canine Courtesies Please use the Dogipot dispensers and waste containers located at the parks' fence lines. Owners/custodians must clean up after their dog(s) to decrease the spread of disease. Dogs must be kept on a leash until the owners/custodian and dog(s) are in the dog park and the entrance gates are fully closed after entry. Dogs must be accompanied by their owners/custodians. Owners/custodians must maintain voice control over their dog(s) and keep them in sight while visiting the dog park. Dog behavior can be unpredictable around other dogs and strangers. For the safety of all the dogs at the parks, immediately leash your dog if it exhibits aggressive behavior and leave the dog park area. To help keep the dog parks clean, please do not groom animals at the park. The City of Woodland requires that all dogs in the county be licensed. In addition to being licensed, dogs must be older than 4 months and be currently vaccinated. To discourage aggressive behavior, Meadowood recommends that dog owners only bring animals that have been spayed or neutered. Absolutely no female dogs in heat are allowed into exercise areas.. Owners/custodians of a dog are responsible for the acts and conduct of their animal at all times when it is in the multi-use park. Park users and dog owners assume all risks related to use of the dog parks. We have several dog parks in the metro are of where we live, but we are 45 miles to the nearest one. I have been to them several times and I have never seen a problem with any of those. We had several homeowners come to us with this proposal and so far it has worked great with all kinds of breeds and numbers. I suppose you could give all sorts of negative things that could happen, but we are thinking about the positive. If you read our rules, agressive dogs are not allowed and must be removed.

CharlesW1
(Georgia)

Posts:821

10/19/2006 9:09 AM
Patrick, If in fact it is working for you then that is good to hear. I too will look at the positive side of all situations if available to be looked at. What I think could be potentially "unsafe" is just that “unsafe”. The fact that you have made signs and stated very clearly that you don’t allow aggressive dogs into the park is great, but the possibility of the dog, will turn on another dog, human,or a child even( it is a park).Is not a question of if it is a question of when. What do you do then? It’s horrible to even think about but you must consider the possibility. God forbid it something was to happen. Hopefully nothing like this ever will. Chuck W.

Charles E. Wafer Jr.

PatrickS
(Washington)

Posts:34

10/19/2006 9:27 AM
Thank you for your comments Charles, but I am looking for rule of law not opinion. I know that things can happen, but the thjings you describe have happened on city streets and hallways. We are talking about a controlled environment. My original question still has not been answered. I appreciated you opinion, but we as board members cannot operate on opinion, we have to operate on letter of the law. Do we have to make a material change to the CC&R's? Roger? Beth? Joe? Thank you in advance

BrianB
(California)

Posts:1748

10/19/2006 9:29 AM
Patrick I would suggest you clearly read your by-laws and CC&R's, which can tell you if your board went about making the multi-use area "according to the rules". If all the steps were followed, then yes, you are changing the CC&R's, but you did it correctly (ie, by the rules). If not, then redo the process in accordance with your by laws, and all will be kosher. In general, boards have some lee-way in making rules and amendments to the rules, just make sure you followed the process. Charles, pet parks are common here in Phoenix, with very little litigation. However, liability insurance is a MUST for the association, and it wouldn't hurt to have a waiver/sign posted that all who enter give up their rights to sue, know the risks, etc.. It won't stop a lawsuit, but it can help. Anotehr notice about "no children without parental supervision" would be nice too, similar to a pool. Kids should not head to the park just to play with someone else's dog, unattended. In general, the owner of the dog who is aggressor in the situations is legally responsible; in all honesty, whether the dog is free or on a leash, the owner is responsible for its actions.

PatrickH
(California)

Posts:197

10/19/2006 9:41 AM
Hi Patrick, Sounds to me like you would need a vote to change the C,C&Rs to allow dogs to run free in the dog park. The C,C&Rs are your governing documents, so if the dog park is on the association's property, the C,C&Rs as written apply there as well. If dogs have to be on a leash while on your property, then allowing them to run free, even inside a fenced off area, appears to be a violation. It's such a pain to change the C,C&Rs. Perhaps one of the legal folks here can suggest some addendum or something that can be voted on by the membership to be added to your C,C&Rs. Good luck, it's a wonderful idea and I hope you can figure something out.

PatrickS
(Washington)

Posts:34

10/20/2006 9:50 AM
WE have far too many people who want this to ignore. It seem like such a great idea not to move forward with it. This used to be a place that all we did was mow it and now we have a park that has several uses and people and kids use it everyday.

JosephW
(Michigan)

Posts:787

10/20/2006 9:36 PM
Patrick,, You used the term "neighborhood" in your post, but it probably actually says "common areas". If that is the case, then the dog park would be common area and you would have to amend. The key will be the specific wording in the CC&R's regarding where the dog's have to be leashed. Given the prior vote to approve the dog park, this shouldn't be a major problem, but would remove the main argument of the person opposed to the park. Joe

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PatrickS
(Washington)

Posts:34

10/21/2006 1:38 AM
Thanks Joseph. I figured as much, I just wanted to be sure. Patrick

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