The problem has been going on for the past 4 years (i have all the email exchanges to prove it). Sometimes it starts as early as 6:30 am and she leaves the dog in the room right under our bedroom.The dog, for what i know, is never taken out for a walk and apparently has separation anxiety issues. It is very aggressive with other dogs as well. The Dog owner is, in my mind, irresponsible and careless. We have also feces in the backyard that she doesn't seems to care to pick up on a daily basis.
The condo rules are dog friendly to a certain extend, but i would like to know if there is anything i can do to get her to either be more responsible for her dog, or just get the dog out since she doesn't want to take care of the issues.
You may want to start by calling the town to check for barking dog ordinances. Failing that, you should consult an attorney to review your condo docs and see if you can find recourse there.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
Even if your condo rules permit dogs, they often also include provisions prohibiting unit owners from causing a nuisance to their fellow owners, including such things as causing unreasonable noise and dirtying common areas. In addition, if you reside in Boston, the city has an ordinance prohibiting a dog owner from permitting a dog to be unreasonably noisy, and many other municipalities have similar dog or noise ordinances. You may want to consult with an attorney to review your condo documents and your local ordinances to understand exactly what rights you have and the best way to exercise them..
Is the association board doing anything about it? They may be reluctant to do anything if they think it's a neighbor-to-neighbor dispute, but if several neighbors are hearing her, and you complain in unison, they're more likely to act. Presumably, if you are hearing the dog, your neighbors are, as well.
My advice, of course, is general and based on very little knowledge of your personal situation, and I am licensed to practice law only in Idaho, Utah and Wyoming. You should retain legal counsel and review you situation with him or her, if it has significant financial or other implications. <a href="http://www.haolaw.com" target="_blank">Visit www.haolaw.com!</a>
For any lawyer to provide you with a comprehensive assessment of your legal rights, they would first have to reveiw all the condo documents: Master Deed, all rules and regulations and any amendments. Most condo rules, besides addressing the issue of pets, have something to say about quiet hours, nuisance issues, disturbing other residents, etc. All these things would have to be reviewed, and then the next step would be bringing this complaint to the dog owner and the Trustees for some solutions.
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