Our CC&Rs require that dogs be
placed on a leash. A few owners allow their dogs to run unleashed
in the common areas. The dog people have petitioned the board to interpret
"leash" to mean voice command or an "e-leash or collar." This issue is taking a
lot of board time and has created a division between owners in the
doubt that voice commands and electronic leashes were contemplated when
leash restriction was originally enacted. The board has a duty to
enforce the existing CC&Rs or properly amend them.
. If the CC&Rs
not enforced and someone is
injured by a loose dog, the association (and the board) would likely be
sued. It might
be that voice commands and electronic leashes are effective
traditional leashes. However, this is a matter that should be debated
and voted on by the membership. If the leash requirement is in the
Rules rather than the CC&Rs, the
board should send a proposed rule change to the membership and allow at
least thirty days of feedback
before changing the rule.
Animal Control Agencies.
Boards should also take into consideration that County and Municipal leash ordinances generally require physical restraint with leashes no longer than six feet. It is unlikely they would agree that dogs under voice command or e-leashes meet their requirements.
: Associations needing legal assistance can contact us
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