Do County ordinances trump HOA rules? (apartment complex, lease, lawyer)

[ddice41]

Wanted to know regarding a dog bit if an HOA has presidence over the county when it comes to you being able to take your dog out to bathroom on your property.( I am renting this house) The HOA covenant says you may not walk the dog in the community but nothing about back yard but I was told I can't take them in my yard to use bathroom either.
PLease clarify if you can
Thank you

[arjay57]

It's my understanding that a HOA can be more restrictive than the county but not less.

[ATLTJL]

Is the community gated?

If not, that means the streets and utilities are county owned. That means that the first several feet of your yard that butt up to the street are part of the easement owned by the government.

I've never heard of an HOA not allowing residents to walk dogs. But if they do, and it isn't gated, I really don't see how they can stop you from walking a dog on county owned property.

[MattCW]

Originally Posted by ATLTJL

Is the community gated?

If not, that means the streets and utilities are county owned. That means that the first several feet of your yard that butt up to the street are part of the easement owned by the government.

I've never heard of an HOA not allowing residents to walk dogs. But if they do, and it isn't gated, I really don't see how they can stop you from walking a dog on county owned property.

Without going so far as to offer legal advice, I don't think that's entirely correct. A county easement does not mean county ownership, and not being gated does not mean publicly owned (Google Streetview learned about this in Minnesota IIRC).

The OP's best bet is to contact a lawyer and have them interpret the contract, and interpret it in relation to the applicable laws.

[ElleKaye]

Originally Posted by ddice41

Wanted to know regarding a dog bit if an HOA has presidence over the county when it comes to you being able to take your dog out to bathroom on your property.( I am renting this house) The HOA covenant says you may not walk the dog in the community but nothing about back yard but I was told I can't take them in my yard to use bathroom either.
PLease clarify if you can
Thank you

I think federal trumps state, county, and city in that order. Whenever any HOA finds a way to get tax dollars for their authority, then perhaps they might be added to the pecking order. Now, if you lived in an apartment complex that didn't allow pets, that would be one thing because you'd be renting privately owned property for which the owner could do what they please. However, it doesn't seem legal that an HOA can tell you not to walk your dog in your own back yard. I am not a lawyer and not offering legal advice since it seems that may become a silly issue. Based on what you've said though, I'd take my chances on a good back and forth in court on whether I could let my dog do biz in my yard.

[ATLTJL]

Wait a second....the OP is renting!

So go ahead, let your dog do his business wherever you want. The only thing the HOA can do is fine you, and it won't be able to fine you, it will have to fine the owner of the house. So who cares? The owner can try to pass the fines to you, but I'd love to see him try to collect on them.

[AnsleyPark]

You should ask for a copy of the HOA's covenants.

[lorilove]

This does not make sense - if you can't use the front yard and can't use the backyard. Where are you supposed to let the do go?

[sedimenjerry]

Where do you live that won't let you take your dog out? You supposed to potty train them or something like kids?

[ddice41]

THank you for all the responses- It has been helpful. I live in Gwinnett County and the occurance with my dog biting the childs butt is why the HOA says I can not allow the dog to use the bathroom in my back yard because I live next door to the family and the HOA says it could happen again regardless of my intention of controlling the dog. The bite occurred when I was out of town and someone else was watching my dog. They were on lease and got away from the person watching them bc he was distracted and not paying attention. The child jumped down out of a tree and I think it startled the dog- so she bite him in the butt. It caused lacerations with scraps to that area but not stitches or anything. The HOA covenant says you can't walk the dog in the community if injury or damage has been caused. It doesnt say your yard- they just said that is included. I have a meeting with them tomorrow to discuss it. I have been taking both my dogs to a near by area everytime they have to use the bathroom- and my female has had several accidents in my home bc she couldn't wait till I drove to the area to let them out. It has become very difficult for me and the owner of the house I am renting has not said anything one way or the other.
I do understand the parents of the child concern but I only want to let them out the use the bathroom and right back in my house. I think the parents prompted the HOA to say not in yard either bc they live next door. I brought this up to the HOA and they said it meant my yard too eventhough I said it was on my property and I would do and take back in the house immediately.
I will NEVER allow anyone but a boarding facility to keep my pets from this point forward when I am away. I take full responsibility for what has happened and am trying to avoid any further confrontations but staying clear of them so the child never sees me or the dogs.

The county has said they will not intervene unless she is deemed vicious with more that one attack and even then- they can't make you do anything or put your animal down.
I will update after tomorrow's meeting.
Thank you