Legal Question in Real Estate Law in California

Barking Dogs

I live in a townhouse in San Diego that has an HOA. We have reported the offending unit many times & are told ''letters of warning'' have been sent to the owners. HOA now indicates if owners don't stop the dogs barking there is not much they can do b/c dogs allowed under by-laws. Animal control has also been called but the problem persists. This has been ongoing for months now. Can I sue the homeowners?


Asked on 12/31/07, 12:28 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Barking Dogs

You may if the barking may be found a nuisance. Contact me directly.

Read more
Answered on 1/02/08, 2:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Barking Dogs

Yes, you can sue based on a theory of private nuisance and perhaps violation of a city or county noise ordinance, which you should look up and read first. A local attorney's assistance is suggested, and even though you can sue, the outcome of a suit is uncertain. Perhaps filing a suit will result in a voluntary abatement action by the dog owner, in which case you'll save the expense of trial, but be sure any out-of-court settlement is put in writing.

Read more
Answered on 12/31/07, 2:16 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California