We have agreed at previous AGMs to ban dogs from being exercised through our garden paths. Now we have an owner who insists, on a daily basis, on doing just that. We have placed signs at every entrance to our community garden. What legal action can we take?
R B (Costa del Sol)
No there is not any legal action you can take. The offending owner has not broken any law. He simply ignores the rules set by the community of his neighbours. I am supposing that he picks up the dog’s droppings and does not otherwise cause nuisance.
His behaviour is annoying and shows a lack of respect for the feeling of his neighbours, but the gardens are not public land and the community has no legal power to enforce their agreed rules in this case.
In fact, a Community of Property Owners cannot legally charge fines or add a surcharge to the fees of owners who ignore the mutually agreed rules.