CA HOA-Enforcing Barking Dog

[hambru]

What is the name of your state?California:

Hi all: We live in a HOA controlled planned community. We have an unemployed neighbor who spends his days working on the side of his home and taunting our two small dogs - who have access to the side of our home to do their business. He's regularily teasing them by spraying water on them, etc. They don't bark in the evening - only during the day when he's out their working on his side yard. He complained to the HOA, who has sent us a warning letter threatening fines. We've since put bark collars on them and taken other action to limit their barking - even though it was rare to begin with.
The Hoa's governing docs, in my opinion, are very vague. They state, "Owner's keeping pets shall be accountable to the other owners for the acts of such pets, and should any Owner be unable to control barking or other noise or acts of his pets, which disturb his neighbors, he shall be required to remvoe such pet from the community...." They further state, "Pets emitting excessive noise, or in any manner unduly disturbing other residents, may be prohibited by order of the Board of Directors after notice and hearing."

Am I being too technical when I say that "disturb his neighbors" is very vague? How does one define "neighbor?" If I'm driving down my street and hear a dog bark once - can I file a complaint with the HOA. It seems to me there should be some standards. If my dog barks one time per day, and my neighbor says it "disturbs" him, can the HOA take action in California?

Any suggestions for dealing with the HOA Managment company?

Any feedback would be greatly appreciated.

 

[HomeGuru]

What is the name of your state?California:

Hi all: We live in a HOA controlled planned community. We have an unemployed neighbor who spends his days working on the side of his home and taunting our two small dogs - who have access to the side of our home to do their business. He's regularily teasing them by spraying water on them, etc. They don't bark in the evening - only during the day when he's out their working on his side yard. He complained to the HOA, who has sent us a warning letter threatening fines. We've since put bark collars on them and taken other action to limit their barking - even though it was rare to begin with.
The Hoa's governing docs, in my opinion, are very vague. They state, "Owner's keeping pets shall be accountable to the other owners for the acts of such pets, and should any Owner be unable to control barking or other noise or acts of his pets, which disturb his neighbors, he shall be required to remvoe such pet from the community...." They further state, "Pets emitting excessive noise, or in any manner unduly disturbing other residents, may be prohibited by order of the Board of Directors after notice and hearing."

Am I being too technical when I say that "disturb his neighbors" is very vague? How does one define "neighbor?" If I'm driving down my street and hear a dog bark once - can I file a complaint with the HOA. It seems to me there should be some standards. If my dog barks one time per day, and my neighbor says it "disturbs" him, can the HOA take action in California?

Any suggestions for dealing with the HOA Managment company?

Any feedback would be greatly appreciated.

**A: call the police.

 

[hambru]

Why Police?

How are the police to help; I'm sure they have better things to do than referree problems between neighbors. I'm more concerned with how I can leverage the law on my side in dealing with the HOA Management company - and if necessary, the HOA Board.

Thanks

 

[CAlandlords]

How are the police to help; I'm sure they have better things to do than referree problems between neighbors. I'm more concerned with how I can leverage the law on my side in dealing with the HOA Management company - and if necessary, the HOA Board.

Thanks

Have proof that he is taunting your dogs. Video tape of it would be the most solid. Eye witness accounts would help if you somehow wound up in "doggie court" about it.

I have recently gone through something similar. Check the county animal control web site to familiarize yourself with the county laws on dog barking.

 

[Shel77]

County laws don't really matter at this point your neighbor is not complaining to them but to the HOA board. I understand the confusion with the doc's that word "excessive" would be key in determining if you are indeed in violation, dogs bark that is a given however if it is excessive and therefore disturbs your neighbors then something must be done. I understand you say that neighbor is constantly on that part of his yard that adjoins the area you have to let your dogs out, is it possible to put them in a different part of the yard? You stated that “He’s regularly teasing them by spraying water on them, etc." Have you actually seen this happen what did you say to him regarding these actions?


"Am I being too technical when I say that "disturb his neighbors" is very vague? How does one define "neighbor?" If I'm driving down my street and hear a dog bark once - can I file a complaint with the HOA. It seems to me there should be some standards. If my dog barks one time per day, and my neighbor says it "disturbs" him, can the HOA take action in California?"

Your questions, while valid obviously do not pertain to this situation, your next door neighbor is in HIS yard and your dogs are barking way more than once per day or this issue would not have even have arose.