Question: We live in an HOA community in North Scottsdale. We have two French poodles that we walk in the community, and we carry a “scoop and bag” to clean up any mess. Last week, our HOA Board of Directors passed a Rule that requires DNA testing by the HOA 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 “bad” 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?
Answer: Probably. Most CC&Rs provide that the Board of Directors has the right to adopt reasonable Rules for the HOA community, and to impose fines for a violation of these Rules. Therefore, if there is a significant sanitation problem in the community with dog waste, this “DNA” Rule is probably reasonable.