Legal Question in Discrimination Law in California

I received a letter for my HOA of a noise complain about my dog, due to a neighbor complaining about his barking. I have lived there for ove 4 years and have never heard any complains. Their are many other dogs in the communitee and they all bark together. I was wondering if they can take my dog away for this? They have threatened to take the dog away or call animal control. What are my rights as a pet owner and a home owner?


Asked on 10/27/11, 8:55 am

1 Answer from Attorneys
Patricia Meyer Patricia Meyer & Associates

This question is very specific to where you live. First check the HOA rules, most of them have specic guidelines and the fact that your HOA sent you a letter leads me to the conclusion your does.

Then look at your city or town ordinances. My City will not take away if ONE neighbor complais. But multiple complaints can result lose of licesnse. If you are in san diego look here. for more information. http://www.sandiego.gov/nccd/noise/animal.shtml. If you do not have a specific dog barking ordinace you might fall under nuisances.or noise pollution.

But to answer your question it likely will not matter that its been going on for four years nor will it matter that other dogs are barking. Everyone has the right to expect some level of peace and quiet in the use and enjoyment of their property.

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Answered on 10/28/11, 10:59 am


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