Barking Dog

First, what do your covenants state about barking dogs: once we see the rule you have, we can better advise you on the next steps. Ours, for example, say nothing, and so, our HOA is in no position to issue warnings or fines for a dog barking/creating a nuisance.

Nick, first off do you have something in your documents that address this problem? If the dog is indeed in violation, I would make the first letter "friendly". Almost all of our violation letters start out with: As you know, living in a condominium community carries with it many rights and responsibilities. When this condominium was purchased, you agreed to abide by the Declarations and By-Laws of the Aspen Glen Condominium Unit Owners' Association.

We then outline the problem and the section being violated and ask for their assistance. We have found that this works better than a letter out of the blue with: You are in violation of Section XX and if you do not cease and desist within 10 days you will be fined. The way we look at it is that people may not even realize (even though some do) they are in violation. We find asking for assistance instead of demanding compliance it keeps things from escalating into an unnecessarily adversarial situation.

Then if the situation is not corrected within ten days they get a second letter demanding compliance and setting out the consequences if they do not. Before you impose any fines I would indeed have some proof of the violation. Video of the dog barking at different times with audio should suffice. I would video at least several times to prove the point, I mean dogs will bark when the postman comes by but if it is an ongoing problem longer than a couple of minutes It may also be a violation of local ordinances and local police handle the matter.

Brian -

Define "CHILD". There are some so-called "ADULTS" around here that I wouldn't mind applying that to as well.

The neighbors should not have to sign a complaint, that is one of the reasons for an HOA and BOD. Witness this yourself or with other BOD members. Make a video recording if possible. Then send the warning letter. If this doesn't work, try the animal control solutions suggested by others. A hearing, fines, etc. should be the last resort. Be prepared to show the video recording at the hearing.

That's a good suggestion but if the police determine that the noise violates the ordinance, wouldn't they be expected to take action, not the HOA?

william, excellent advice, in your last line...

Typically, citations and calls to residences are matters of public record. It may take some digging, and I certainly don't care enought do it, but you can find out if your neighbor got issued a speeding ticket, if you so desired. and with the effort. so you could find out if a citation for a barking dog was issued, should you be so inclined.

But like ron mentions, that could poison the well, and give the HOA an odd/bad reputation... doable, yes. advisable?

Live in Hawaii - HOA rules state;
5.02 Private Area: Uses and Restrictions.

(h)…………………….Any dog, cat, or other generally recognized household pet or any bird authorized by this section causing a nuisance, annoyance, offensive odor, or an unreasonable disturbance shall be permanently removed from the Lot and from the project promptly upon notice given or demand made by or at the direction of the Board of Directors.

Board has been unresponsive. What action can I take against the board?

Dave I would suggest you check online for animal control. A visit from the county/state will do a lot more than a letter from the Association.

Dave that might be how you feel but that doesn't make it right. I am the President of my self managed 50 home Association and I get complaints all the time.

After reading everything I could find about Associations, managing them and the laws surrounding everything I suggested to the board that there be certain things we won't get involved directly. They are parking issues, speeding issues, privacy issues and animal issues. Why? Because the Association isn't there every time something happens and won't be used as a tool for one neighbor to fight another. There are state and county organizations that are paid specifically to do and have the tools to force compliance. When I later asked if a complaint was filed; not one has done it.

Within the last two months I have had people complain about their new neighbors looking over their fence fairly regularly, dogs crapping in lawns, dogs barking at all hours of the night, parties late at night, tire tracks across a front lawn and a dog slamming into a fence repeatedly to get to the kids on the other side. I provided every one of the people who complained with the name and/or phone number to file a complaint with the sheriff or animal services.

I also do the same thing for myself. I had a dog charge/try to attack my son and me while we were walking in the street. The dog was left in the garage with the door open 18"-24" inches and the dog charged out at us. The dog kept circling us and followed us for several houses. I immediately called Animal Services and filled a complaint but indicated I wanted it to just a warning to the owner. They took down my information and left the information on their door (they weren't home at the time) and ever since the garage has only been open 12" and the dog can't get out. It works because someone with a badge that can haul the owner off to jail was handling the complaint rather than a neighbor.

How timely this issue was for me yesterday! I was walking my dogs up the street as I had for the last 3 years. My dog's constantly stay on their RETRACTABLE leashes. We stay on the side of the road and try to get passed any houses with fenced in dogs as fast as we can. Don't want to make them bark or escape.

A couple of my neighbors (Elderly) I find leave their dogs UNLEASHED in their front yards. We have a leash law requiring leashes on any pet outdoors. My dogs are not big. They are on the small side of medium. As I was walking by one neighbors house, he was sitting in the front yard. His dogs NOT on a leash. He started yelling at his dogs to get back. I tried my best to walk past but my one dog was doing his "duty". His dog came out to the street. My other dog is friendly and wanted to sniff the dog. No problem there. I did pull back on the dog's leashes so to avoid contact anyways.

All of a suddent this guy starts yelling at me! He's telling me to get my dog's off the street! That I shouldn't be walking my dogs on "Strings". He then tells me that my dogs are going to be hit by a car and I shouldn't even be walking them on the road! (We don't have sidewalks and little traffic). He wanted me to walk my dogs BEHIND on the road behind his. Finally, he tells me I should take my dogs home! I just told him I live on this street and I ain't stopping.

Mind you, his dogs were the ones that ran into the road. I did NOT entice them and even yelled back at them to go back. I always try to run back any dogs that do escape and follow us. There are a few other neighbors that also walk their dogs around. I try to time our walks so we don't run into eachother. Just out of courtesy.

This is the SECOND incident involving my dogs with my neighbors. The first was a barking incident with my neighbor next door. He get drunk and accuse my dogs of barking. It was really his dogs barking instead. I ended up putting up a privacy fence to keep his dogs from my dogs. Still has NOT stopped his dogs from barking yet. ALL the neighobrs hate his dogs. Ironically, he lives behind the dog catcher!

I did find out that if a dog is INSIDE the residence, they can bark all they want. There's no real law regarding that. It is when they are outside which presents the issues. Enforcing animal restrictions truly is up to the Animal Control offices in your area. It's best to call them when an issue arises.

Right now, I think my plans are to borrow a BIG dog and walk it up and down the neighborhood. Dare anyone to say anything to me. Maybe they'd appreciate my small dogs more!

The enforcement here in Austin is pretty much non-existence. I had a terrible problem with a new neighbor's dog continually barking. I did call Animal Contol (APD) and when he finally showed up and witness for himself, he said that he could do nothing, because the homeowner was not at home. He could not even leave a note that he was there. I thought to myself, if the homeowner were home, the dog would not be barking so excessively.

At the first meeting on the phone, I told the officer the homeowner was not home. I can't understand, why he did not inform me of the policy, because if he had it sure could have save everyone alot of time and frustration.

I believe the police department should re-organized that sector. By using a skeleton crew for the animal control; those other officers should be re-assigned to serve in the troublesome areas where they will be very effective.