1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

HOA asking seniors to walk pets in the public street

Discussion in 'Homeowners Associations & Boards' started by LolaB, Mar 8, 2022.

  1. LolaB

    LolaB Law Topic Starter New Member

    Likes Received:
    Trophy Points:
    New Jersey
    I have been living in a retirement community since 2004. I am now 81 years old and hearing impaired, and at times due to other health problems, my hearing problems become more pronounced.

    The HOA administrator, informed us at a meeting in Aug. of 2018 about a new rule going into effect asking us to walk our pets in the street and if we don’t comply, dog walkers will be fined by the HOA. Please note that it is understood that I "pick-up" and I am a responsible dog walker as many of us are.

    They have encouraged home owners of our community to believe that the sidewalk and grass strip between the sidewalk and street, are the homeowner’s property, when in fact this is false. We have bought and are assessed and taxed for a boundary that does not include the sidewalk and grass strip. We are responsible for the maintenance of these areas in New Jersey, however, HOA empowers the homeowner to put in complaints claiming that we are on their property with our dogs when in fact we are on the public right-of-way.

    In 2019 a year after the “New Rule” our HOA put in a request to our township of Little Egg Harbor to lower our speed limit due to the dangerous traffic conditions. This request was denied by our Mayor.

    I feel that a private homeowners association has no right to keep their residents from using public facilities intended to keep us safe from road hazards and other hazards where public sidewalks and ROWs are intended to provide a safe-guard.

    Primarily, being forced to walk in the roadway with my condition and the condition of many seniors, greatly increases vulnerability to these hazards as well threatens the health and safety of other disabled individuals associated with senior communities.

    Residents met with the HOA board, but under our Prime managements guidance, remain firm pushing elderly dog walkers to the street and threatening fines if we continue walking our dogs on homeowners (land grabbed grass strip) property.

    I refuse to put myself and my pet in danger and walk in our streets which are open to the public traffic.

    I have contacted local and state officials for the past three years who have not responded to our letters and/or requests to look into this. I am distraught as I have received letters of fines for falsely walking my pet on homeowner’s property. This should be looked into by our township officials and take into consideration NJSA S 39:4-32: “Where sidewalks are provided it shall be unlawful for any pedestrian to walk along the roadway.” This I believe is a law which we are being forced to break, yet our township is silent.

    Any insight from you would be appreciated.
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Likes Received:
    Trophy Points:

    I think you are right. Are there other prisoners... I mean residents of the HOA that agree? Band together and get the rule changed. If you are fined by the HOA sue the HOA.
    hrforme and army judge like this.
  3. adjusterjack

    adjusterjack Super Moderator

    Likes Received:
    Trophy Points:

    Seems to me you have three choices.

    1 - Disobey, get fined, hire a lawyer and go to court.

    2 - Get together with other like-minded dog owners, each chip in some money, and when you have enough money, hire a lawyer to threaten the HOA with a lawsuit and, perhaps, get the HOA to back off and avoid fines.

    3 - Sell your home and buy one that isn't in an HOA.

    Ben Franklin didn't realize that he was predicting HOAs when he said:

    "He who gives up freedom for security, deserves neither."
    hrforme likes this.
  4. OldSurveyor

    OldSurveyor Member

    Likes Received:
    Trophy Points:
    The cheapest solution is to get like-minded owners together.

    I have lived in the same HOA for 28 years. Things were running fairly quietly until "Sheila" got elected HOA president years ago. Soon, she got to chirping at all of us in writing for mundane items, such as getting your trash trolley back in your garage within an hour or two of trash pickup. More crap followed.

    Needless to say, we had her out at the next election. You don't need lawyers, lawsuits, pleas to your non-HOA elected officials; just pay for some flyers, go door to door, pass them out and have some conversations.
    retic, Disabled Vet and army judge like this.
  5. hrforme

    hrforme Active Member

    Likes Received:
    Trophy Points:
    agree with grouping together and getting a place or two on the board. How many total boardmembers? You are looking for a majority.....

Share This Page