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

Answers:

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.


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