Can there be “walking restrictions” on common elements?

I recently heard from a co-owner who is concerned about a neighbor who walks his dog at various evening times using the grassy areas between the buildings and sometimes behind and around those buildings.  This neighbor’s walk is very disturbing since it results in a person suddenly appearing outside of the co-owner’s window and behind his unit.  These walks can be later than 10:00 p.m. when it is very dark alongside the
buildings. The co-owner wondered if restrictions could be enforced that would prohibit co-owners walking in these common elements since there are other open areas in the condominium that might be used for walking.

I have not seen or utilized such a restriction in the typical condo­minium documents other than the fact that no one shall engage in any obnoxious or offensive activity. The fact that a co-owner is walking on the common elements, even late at night, may not be a violation of any restric­tion, and it would be hard to enforce such a restriction in any event. 

I suggest to the co-owner that he speak di­rectly to his neighbor about the situation and attempt to resolve the issue between them. This may be the best solution rather than attempting to impose potentially unenforceable restrictions.

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