by 
Anonymous
ANSWERS: 8
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Is that a Home Owners Association?
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If the HOA has rules against that they can.
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Yes. They can. They can also stop you from smoking inside the home as well. Many people have gone to court for this, going against their HOA's and they have lost.
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Possibly. If it's written in the home owners association rules that they have the authority to do so then yes. Many residential communities these days have just such rules written into their agreements. I know it seems like something that only the police should be able to do but it is all perfectly lega; as long as it is spelled out in black and white.
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I see this differently, than the other answers. Do HOA's have that much authority? For the time being, the air we breath is free. Next, HOA's will be telling us how many breaths we can take in a 24-hour period. I say Ba Humbug! It may be a written rule, but i see no harm in a person smoking and walking his dog at the same time. My only suggestion would be that the smoker field strip his cigarette and use his pooper-scooper. HOA's are not God, even though some presidents of HOA's think they are.
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Depending on the dog, you may at least delay them handing you the ticket.
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HOAs are a plague. The lawyers and property managers scream that they are protecting property values, but we all know that is a joke today. Pulte Homes, a large homebuilding company, did a market survey and found that professionals under 50 want nothing to do with HOAs. I know that I will NEVER buy into one again.
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It's usually 25-30 feet outside of any building in the complex. Depending on the state you live in. My HOA, will give a written notice on the first offense, in which you should have some number of days to appeal their decision. I think unless you've signed something adhering to their regulations, they have no right to fine you. An HOA board that has no smokers on it, is of course going to rule against you. It's like saying a car that puts out to much emissions in your complex should get fined for second hand emission smoke. It's totally getting out of hand and there is really no way to stop it. Smokers have rights to!!
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