DOG BARKING- HOA IDR ISSUES
Here is a followup question to the recent IDR E-Newsletter I sent out about the changes in the IDR law:
My HOA refused to tell me who was complaining about my dogs barking. HOA refused to participate in IDR and ADR. They filed an unlimited civil case.?”
My response (based on these sparse facts):
It does not really matter who complained if your dogs are barking and creating a nuisance – a nuisance is a nuisance. What do you plan to do with the information as to who complained? Talk to them, badger them, threaten them? It obviously had to be someone who is bothered by the dogs barking. There may be extenuating circumstances such as someone standing on the doorstep for long periods making them bark-yes, I have heard that one.
However, I have to say that I do not have a lot of sympathy for people who live in close quarters with others such as in a condo, townhome, or zero lot line, who have barking dogs. THEY ARE A NUISANCE!!! I have been to court in the past to assist boards and owners who have tried in vain to address serious barking dog issues.
As to IDR, it is possible the board jumped the gun with the civil case. Have you recited the law to the board that says they must participate in IDR if an owner asks? See the E-news Archives on my website with the latest edition covering in detail the IDR law in California for details. Click on: http://www.californiacondoguru.com/CCNewsletter/CCNframe.html.
Also check out the $25 Primer in the webstore Enforcement Advanced – Neighbor to Neighbor Issues. Click on http://store.californiacondoguru.com/servlet/Categories.