Smyrna Vinings Definition of Private Community (HOA, landscaping, neighborhoods)

[CuriousSmyrna]

West Vinings Place is located in Unincorporated Smyrna Vinings. They have signs posted that state that they are a Private Community and “No
Dog Walking Allowed”... they are not gated and I am wondering if they have a “leg to stand on” so to speak?
As a former Realtor of 30+ years, it was always my understanding that the roads and sidewalks must by OWNED by the community to be able to make any demand that pedestrians cannot walk on their sidewalks with their dogs on a leash (I pick up from my pet!)...they are free to walk their pets in adjacent neighborhoods.
If they community doesn’t own the roads or walks can they post signs and tell people that they cannot walk their dogs through there. Funny, I rarely see anyone walking a pet through there...it’s not like a parade of pets for gosh sake! Can someone clarify this for me? Is this just done as a snooty
deterrent? Thank you.

[Iconographer]

Originally Posted by CuriousSmyrna

West Vinings Place is located in Unincorporated Smyrna Vinings. They have signs posted that state that they are a Private Community and “No
Dog Walking Allowed”... they are not gated and I am wondering if they have a “leg to stand on” so to speak?
As a former Realtor of 30+ years, it was always my understanding that the roads and sidewalks must by OWNED by the community to be able to make any demand that pedestrians cannot walk on their sidewalks with their dogs on a leash (I pick up from my pet!)...they are free to walk their pets in adjacent neighborhoods.
If they community doesn’t own the roads or walks can they post signs and tell people that they cannot walk their dogs through there. Funny, I rarely see anyone walking a pet through there...it’s not like a parade of pets for gosh sake! Can someone clarify this for me? Is this just done as a snooty
deterrent? Thank you.

You are correct. They would have to own the roads to enforce such a thing. If not, the signs are there simply for the purpose of intimidation.
My dad lived in a gated community for years in Florida that had a security checkpoint, but because the roads were public the guard could not refuse you entry.

[lorilove]

Correction - the area should be referred to as unincorporated Cobb County. As a private community, I assume they have an HOA.

Since they do not own the roads - I highly doubt they could call the cops on you if you walk your dog. But as an HOA I suspect they could make your life difficult and impose some fines.

[arjay57]

Interesting. Since they are public streets are people who don't live there allowed to park at the curb?

[Iconographer]

Who wants to live in a neighborhood without dogs? If you don't appreciate my pups, I don't wanna live near you. I don't trust someone that doesn't like dogs.

[evannole]

We used to live immediately next to West Vinings Place. It's a lovely neighborhood, very nicely landscaped, and we used to walk through it all the time. We met several homeowners on our walks, all of whom were very friendly and were perfectly fine with us walking through their neighborhood even though we made it perfectly clear that we lived just down the street. We did not, however, walk any dogs during our strolls.

Having lived down the street when this neighborhood was built, I do suspect, however, that their streets are private and are maintained by the HOA. Unfortunately, Cobb GIS appears to be down for maintenance this evening, but that could probably give you an answer, as it's a pretty comprehensive database.

[MattCW]

Originally Posted by lorilove

Correction - the area should be referred to as unincorporated Cobb County. As a private community, I assume they have an HOA.

Since they do not own the roads - I highly doubt they could call the cops on you if you walk your dog. But as an HOA I suspect they could make your life difficult and impose some fines.

Only if you're a member of said HOA.

[evannole]

Cobb GIS is back up. Yes, the streets in this neighborhood are indeed private, and so the HOA can exert some control over how they're used.

Again, we used to walk through here as non-residents and were always greeted with smiles, so I don't think you have anything to worry about. There appeared to be plenty of animal lovers as well; we were often greeted by friendly and obviously well cared for cats on our walks. I do think it's fair of the homeowners, who obviously spend a ton on landscaping either collectively or as individuals, to ask outsiders to kindly not let their dogs mess things up, though perhaps their sign could be worded a bit differently.

[arjay57]

Originally Posted by evannole

Cobb GIS is back up. Yes, the streets in this neighborhood are indeed private, and so the HOA can exert some control over how they're used.

Again, we used to walk through here as non-residents and were always greeted with smiles, so I don't think you have anything to worry about. There appeared to be plenty of animal lovers as well; we were often greeted by friendly and obviously well cared for cats on our walks. I do think it's fair of the homeowners, who obviously spend a ton on landscaping either collectively or as individuals, to ask outsiders to kindly not let their dogs mess things up, though perhaps their sign could be worded a bit differently.

Agreed. As much as I love dogs, people still need to show some respect for another man's lawn. That's not the fault of the dog, it's the human's responsibility.

[David1502]

There are several restaurants and retail businesses in West Vinings Place, so it's not that private - those businesses would lose business if there was a perception that their customers would be hassled by the HOA. Homeowners knew when they bought there that there would always be a stream of visitors to those restaurants and bars. If they had wanted a real private community they wouldn't have bought there in the first place.