I have a dispute with my homeowners association over whether or not they will force my neighbor to shut up their barking dog. How do I start?

My neighbor has a dog who will not stop barking day and night. I think it is a nuisance. The HOA will not do anything about it. What can I do?

Asked on June 27, 2009 under Real Estate Law, California


Edwin Fahlen / Law Office of Edwin Fahlen

Answered 11 years ago | Contributor

If your HOA governing documents provide that a unit owner may not commit a nuisance, you can force the HOA to take action by serving a formal "Request For Resolution"  If the HOA does nothing for 30 days, you can file a law suit to force them to, or at least let the court rule on the issue, and obtain attorney fees and costs reimbursement rights.  This is a common problem.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.