Is it reasonable for a homeowner association to require doggy DNA testing? The answer is in this week's real estate law column.
We live in a community in north Scottsdale that has a homeowner association. We have two French poodles that we walk in the community, and we always carry a scoop and a bag to clean up any mess. Last week, our homeowner association board of directors passed a rule that requires DNA testing by the association of all dogs in the community. Although the DNA testing is free, there will be a fine of $250 against the owner of any dog that is not tested.
The obvious purpose of this rule is to find the dog owners in our community who don’t clean up after their dogs. We are opposed, however, to any DNA testing of our two French poodles. Is this new rule enforceable?Probably. Most homeowner association covenants, conditions and restrictions provide that the board of directors has the right to adopt reasonable rules for the community and to impose fines for a violation of these rules.
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