Law supports HOA rule that all dogs be on leash

Q: A neighbor walks the community daily with their dog off-leash. When asked to have the dog on a leash because of homeowners association rules, the neighbor replied that her dog is a support animal and service and support animals are not required to be on leash, regardless of the association’s rules. It’s always the owner’s option. She said since the dog would have to take several steps to assist her, she never chooses to have the dog on a leash.

During this conversation, the dog ran up on a child and barked, scaring the child. The child’s mother wants to file a complaint.

My brother had a service dog, not a support dog, and the dog was always on a leash in public spaces. Regulations can change, though, so is it acceptable for service/support animals to be off leash in public even if the HOA rules say all pets must be on a leash?

A: The neighbor is not correct. In the State of Nevada and in Clark County, a service or support dog while in public is to be on a leash unless the leash interferes with the individual’s disabilities or with their work.

The mother should absolutely file a complaint with the association. If the association has a policy that dogs are to be on leashes, the neighbor should abide by that policy unless the neighbor meets the above standards.

Q: A resident in my community recently requested permission for a local news station to film an interview with him at the clubhouse. The request was denied. Our board now believes that we should have a policy regarding all filming and photography in our clubhouse, in the event that there are some legal ramifications. Would you happen to know if this is standard practice in HOA communities?

A: Generally speaking, associations avoid local news station interviews of residents in their clubhouses. First, you have the problem of the contents, as statements made may not be accurate as to association policies. Second, if the interview is political in any way such as endorsing a party, a proposed law, a candidate, the opposing views would require the association to allow interviews to any other resident who wants to express contrary opinions.

As a policy, associations tend to disallow such interviews. Speak with your legal counsel as to what rule your association would adopt.

Q: It is very hot today — 112 degrees. In fact, here in Vegas, we are experiencing a heat wave of 110 degrees minimum as a “normal temperature.” Today, I received a notice from my HOA in Henderson, informing me that my tree has “pups” ( teeny little branches at the base of a tree). Normally, I remove these offending “pups” once a month. However, this month (July), it has been too hot to address the necessary pruning. I am a senior (over 75), with heart issues. I am on Social Security, so it’s difficult to make room in my budget for a maintenance company. It’s sad to think an HOA could “literally” lien your home over such an issue, but what really irks me is the HOA employee drives around in an air- conditioned car, never having to get out to talk to the resident. Why? Because it’s too darn hot, right! Do we see a pattern here? HOA’s have become greedy companies whose main goal is to collect money. Customer service be damned. It’s all about the money. Shame on them!

A: Here is the issue. When you live in an association, you are responsible for following the rules and regulations. Hopefully, you have a board that would allow you an extension in taking care of your tree when the weather is cooler. You need to send an email to the board and the management company asking for an extension of time.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.