Is my deck considered curtilage?

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Is my deck considered curtilage?

I own a townhome, that is part of an association. I was recently sent a letter saying that I am being fined for having dog feces on my deck. Although the small details of the situation do not matter, I have no choice but to let my dog use the bathroom on the deck between 4-10 pm because I do not want to leave my kids unattended to walk my dog 2 blocks to use the bathroom. My deck is raised by 12 ft and there is no access from the ground. You cannot see the floor from the ground or the street, the only was is if they used a step latter to peer up onto my deck. Is this a violation?

Asked on February 29, 2012 under Real Estate Law, Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the issue. You have dog feces and urine going through the deck onto common areas. Even if your current deed and bylaws do not consider your deck to be part of the common area, the bottom line is it is going to cause the material to go into common areas and possibly areas where people have access. The homeowner's association has every right to limit items that cause direct or indirect entry into the common areas. The better idea is to talk with them about getting to review the bylaws in a forum where all members are present and explain that you would like this matter placed on a vote about whether individuals can use their private decks for this use.


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