Summer Living in an HOA – Nuisance Barking

As summer approaches, it’s inevitable that noise complaints in many forms will arise within an HOA. One of the most common issues is barking dogs.

The definition of nuisance barking varies from one association to the next, and some City Ordinances, but examples of common definitions include:

Nuisance noise from a dog is defined as barking, yelping or whining for more than 5 minutes in any 1-hour period.

Excessive barking is barking that is persistent and occurs for an extended period-of-time or on a repeated basis. When determining if barking is a violation, consideration will be given to the time of day, duration and frequency of barking.

No animal shall be allowed to annoy residents unreasonably, to endanger the life or health of other animals or persons, or to substantially interfere with the quiet enjoyment of others. Pet owners shall be deemed in violation if their pets:

• Consistently or constantly make excessive noise;
• Cause damage to or destruction of another’s property;
• Cause unsanitary, dangerous or offensive conditions, including the fouling of the air by offensive odor emanating from excessive excrement; or
• Create a pest, parasite or scavenger control problem which is not effectively treated.

Most HOA’s will require a formal complaint in order to taken action regarding issues such as nuisance barking. Checking your association’s rules and regulations around is the first step to take. It is also to important to understand that the subjectivity of the terms “nuisance” and “excessive” can put the association in a difficult position. Homeowners need to be aware that most cities have pet ordinances and that avenue is also a means for remedy of persistent or subjective pet issues.