Hoa in california and barking dog (condo, attorney, home)

[pambmeee]

Hi
I live in Ventura county in a condo and am fed up with my HOA..I have 2 Chihuahuas and and repeatedly getting letters about the constant barking...a board member lives on the next street over and says he hears my dogs and is harassing me.. well I wrote a letter and had 6 neighbors sign and give their address saying my dogs do not bark excessively and sent it certified mail..(funny he can hear it on another block but my immediate neighbors do not)--I have not heard anything since and that was a year ago.

I just received a letter saying that I will be fined $25.00 if there is another "incident". My neighbor just got another Chihuahua that howls constantly 2 weeks ago and that is when my letter was dated.I spoke with her and she did not get a letter..the board member is obviously too lazy to walk over and see where the problem is because if he would, he would clearly see it is her dog....can they fine you with no proof? he assumes it's my dog because he hears it coming from my building..her dog sits in the window and is in plain sight.

Also I am home all day and night and I watch my dogs like a hawk...so again can they actually fine you without proof? I tried to go to the meeting a few days ago but "surprise" it was canceled..I will be attending the next one...I also submitted an e-mail.


Please help--dog lover!!!

[scarling]

One thing to keep in mind is that when people complain about sound/noise issues in regards to neighbors, rarely do they make it up to hassle you. The fact that you have closer neighbors who are vouching for you and say your dogs are no problem along with you being home 24/7 should keep you in the clear. I have had a similar issue in that being a home owner, I have 3 dogs and they are so well behaved however when I am not home my neighbor ended up proving his complaint by recording them barking on his cell phone camera and upon viewing the footage I was suprised to see how long they kept it up. Chances are if your neighbor really wanted to prove that your dogs were really too loud all they would have to do is call the HOA when your dogs are barking and have the HOA have a board member swing by to listen to them at that moment....Being that they haven't done this proves that they just hate dogs and are finding an excuse to rid them from the neighborhood...Hope all turns out well on your behalf...Good luck

[pambmeee]

Yes she was quoted as saying she "hates dogs"...I just video taped the yapper now...I really like my neighbor but it's just unfair I get the letter and she doesn't and it's her dog..I will bring that to the meeting..thanks for the reply I am glad I am not alone!!!

[24hr7]

maybe you should set up a camera in your home so you can monitor your dogs habit while you are gone. This way you will also able to prove that your dogs dont bark like the complaints indicate.

If you have the proper documentation via video. If the complaint continues, put the HOA board on notice about the false accusation and put the person who complain about false accusations. Tell the HOA if they don't investigate and take action then you will consult with an attorney for harassment since you have document your claim and have put everyone on notice. At this point it is the HOA board's duty to determine the validity of the dog bark claims instead of continuing to issue fines to you. I know that each HOA has different CC&R and by laws but this is common sense and I can see this way you are building a strong case and protecting yourself. Good luck !