QUESTION

help with HOAs

Asked on Sep 18th, 2017 on Real Estate - California
More details to this question:
HOA has sent us a letter saying that one of the neighbors has complained that our dogs are constantly and continuously barking which is not true. Constantly and continuously means 24/7 to me, and they do not bark 24/7, they are in the house most of the time, and they are let out to go to the bathroom, they bark but they stop right away and they are brought in the house. What should I do?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Check your CC&Rs and HOA Rules. This may be a dispute between you and your neighbor which the HOA is not going to get involved in. Don't get in a fight with the HOA. Almost always, the HOA wins. With fines and reimbursement of legal fees, fighting the HOA can get very expensive.  Don't get bogged down in "constantly and continuously." That's not the issue. The sound of dog-barking travels and is very disturbing. It is designed to be. If you cannot train your dogs to be quiet when unattended, then you should consider not leaving them outdorrs unless you are there to keep them quiet. I had a dog which we kept outside when we were not home. Out of boredom, she barked at every bird and squirrel. A new neighbor worked at home two days a week, and napped in the afternoon. When he complained about the barking, I asked which days he was home, and we kept the dog in the kitchen those two days. Some days she pee'd on the pee sheets. Some days she didn't. No big deal to clean up the messes. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    
Answered on Sep 19th, 2017 at 10:21 AM

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