Legal Question in Real Estate Law in California

Hi,

I live in a condominium in Northern California. My downstairs neighbors have a dog who's become a nuisance since they brought him in.

First and foremost, they let the dog do his needs on the patio and let it remain in place for the whole day which causes strong smells. In addition, since the patio is build out of concrete, the urine smell is absorbed and stays for a long time even after they wash it.

Lastly, the dog barks are load and since it let outside on the patio in early hours, it wakes us up repeatedly, especially on weekends.

I already complained twice to the HOA but it didn't help so I'm seeking legal advice as to my next options.

Thank you.


Asked on 2/13/16, 10:25 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Have you complained to the neighbor? What is his/her response or attitude? Why isn't the HOA helpful? If negotiations fail, I can think of two possible ways to invoke the law: first, find out if there are any local ordinances in your community regarding dogs, including nighttime-noise laws; then, consider speaking with a local attorney about bringing a lawsuit for "private nuisance" -- a route that will be time-consuming and expensive, but it's your ultimate legal recourse.

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Answered on 2/13/16, 2:40 pm


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