Can I just 'talk' to the violator?

I'm the condo HOA prez. and the upstairs neighbor's dogs are barking nonstop. Just started the board (2 weeks) and the 'noise' just started too. We don't have a solid fine procedure yet (not in the CCRS) so do I have to go through the MC company? Do it the right way to prevent lawsuits, etc?

thanks

RickR1,

Agree with RogerB that a neighbor can always talk to a neighbor. Don't put the cart before the horse regarding instituting a fine. Fair procedure is that the violation, if it is one, must be docmented to management. Your dual capacity presents potential for mis-perception by someone that wishes to continue to disturb. 9 out of 10 of those kind of people will claim you are abusing your power as board prez. Enough said with that kind of denial.

I recommend that if you do talk to the neighbor, you do so in the capacity of neighbor to neighbor. Don't start spouting violations of noise ordinances, by-laws, etc. Just say simply that the dogs are barking often to the point that it is a disturbance to you. And request the owner find a way to keep the dogs from barking. You may be surprised at the amicable resolution.

If the barking persists, then you contact management in the capacity as neighbor. If it escalates further, you must recuse yourself from being judge and jury in your board capacity and let someone else chair that aspect of resolution to the matter.

If you do not have a fine procedure established yet, as you say, develop one quickly. Usually, there are multiple communications to the owner before anything reaches the fine stage. Unless of course it's a black and white violation of the cc&r's or master deed.

Best of luck!!
GeraldT1
NNJ