Posted By ValerieC on 06/02/2006 5:36 AM
My association has started procedings against a couple with 4 barking dogs. Our attorney assure us that our documents allow such fining if the offenders do not comply with our requirement that they remove their dogs permanently. Their attorney says the offenders did not expressly accept fining as a remedy. This avenue was only opened to our association in North Carolina after the Planned Community Act was ammended (Jan. 1, '06) to include associations like ours. How do we answer this attorney's defense?
This couple is now circulating letters among the other homeowners, even though they have refused to discuss the problem with us and refused to attend our hearing on this matter. It is becoming personal; no one seems to understand that the board has an obligation to enforce the restrictive documents. Help!!
Your attorney is the one that should come up with the answer; that's what s/he is getting paid for. Tell your attorney that you want to mediate the issue so that it does not result in a court action pitting neighbors agains neighbors.
However, my suggestion is to search for a win/win situation without resorting to attorney's.
Review your documents to determine exactly what your CC&R's and the state statutes and local ordinances say about barking dogs (nuisances)
In our area there is a local barking dog ordinance which the police dept handles. The requirement is that two neighbors must complain in writing, or one neighbor complains and the police officer responding and making the report can be used as the second complainant.
If you have that type of ordinance then you can let the police department handle it.
If you don't have an ordinance like that, then I would suggest that two neighbors sign a complaint and video tape the barking dogs. This provides evidence of the dogs creating a nuisance in the event the situation continues to deteriorate.
Also, in our area, there is a Solve-It-Program where neighbors are encouraged to enter into a mediation session to work out problems such as barking dogs. That way an issue such as this can be worked out so that everyone wins and neighbors remain freinds. Here is the url for information on the Solve It Program.
http://www.theleadershipcentre.org/si/default.htm
If you can work out the issue with the homeowner by a give and take negotiation then you will save the homeowner and the HOA a lot of money in legal fees, and gain a lot of valuable good will.
Since the owner has refused to speak personally with you, then I suggest writing a friendly letter. Send one copy certified, and send one regular mail to them.
The letter should begin by stating that the board wishes to mediate the situation with them so as to solve the issue to everyone's satisfaction. Then quote the sections of the documents and laws that pertain to barking dogs being a nuisance and any state or local ordinances.
Let them know that you are not interested in having them get rid of the dogs, but only to control the barking for the benefit of their neighbors, and if you can work out a mutual solution to the issue, that the board will reverse the fines from the books.
The purpose of that letter is to open the door to discussion and mediation, so it must sound and be sincere, so the owner knows you are going to try to understand and consider their side of the issue.
Perhaps dog barking control collars, or other methods that are available could be a solution. Maybe the board would even agree to help pay for some type of control. (Much cheaper than going to court) The owner will most likely be more open to controlling the dogs than to getting rid of them. Dogs become family and in many cases, telling an owner to get rid of a dog is like telling them to get rid of their child.
Uphold the CC&R's, but at the same time be flexible and understandable.
I hope these suggestions from a novice helps.
Bill