Tuesday, January 23, 2007

Animals in the Wetlands

Recently I have been noticing and getting complaints about people walking pets in and around in the wetlands at Valley Lakes and in other developments as well. The village inserted as standard verbiage into most of the relevant HOA declarations the following.
Section 8.17 of the Valley Lakes declaration lists prohibited acts: "No Unit Owner, Occupant, or Person shall be permitted:" and if you read down you discover that section item J reads:
(j) to bring or allow to enter into a dedicated wetland any dog, cat or other animal or pet.
The above was placed in the declarations for Valley Lakes specifically because the Army Corps of Engineers required it because of the wetlands studies that Pritzker (the original owners) had to go through.

While the declaration does not specifically prohibit a member from entering the wetlands, it does prohibit dogs (and minors). I would like to discourage residents from wandering at will through the wetlands and prefer to encourage them to think of them as "off limits". In Valley Lakes there is a walkway through a portion of the wetlands with plans to add more in the future, but members are encouraged to stick to those areas and not wander at will through the wetlands. The area up near Valley Lakes 2 (Behind the CVS) tends to be high ground and as such is dryer and already criss-crossed with trails which I think encourages them you think they are open to member access. In Madrona Prairie Walk and Lakewood we have a path system set up that hopefully encourages you to walk your dogs on it

It's ultimately up to your HOA board to create a policy to determine how to manage access to this area, however in no circumstances would it be okay for a member to bring a dog with them. I would encourage the HOA to post "No Trespassing signs" (as required by the declaration and wetland maintenance agreement on file with the Village in most cases) and make sure all of the residents knew that if they were going to go out in this area that they should ensue they do not cross these areas.

I would also ensure that a sign was installed facing into the property along the perimeter anywhere there is a path that indicated that was the limit of the property. This puts the burden on the Association to mark it's own property line (again, as required in the agreement) and put the burden on anyone choosing to go back there to stay on HOA property. I would also make sure it was clear to residents that dogs are not allowed in these areas. I would also discourage members from entering these areas until sufficient restoration and preservation efforts have been put forth to sufficiently protect them. The ones between Valley Lakes and Valley Lakes 2 for example are after all some of the highest quality wetlands in the area.

I know that the Valley Lakes HOA who own the Mud Lake wet lands is in the process of developing a wetland maintenance plan for the Mud Lake wetlands that will protect this area for the long term.

I would encourage all HOA's to carefully review their declarations and implement polices to protect these wetlands.

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