Legal Question in Real Estate Law in Massachusetts

For over 6 months now, I have had to listen to my downstairs neighbors dogs bark for hours at a time several nights a week and all weekend. He "shares" the dogs with his brother, but when it's his "turn," the dogs are left alone all day and all night, and they bark constantly. Short version: I've tried emailing and speaking with the owner who promised to make it stop. It continued. I've complained repeatedly to the property manager and the Board. The property manager says that all he can do is speak to the owner, but they cannot fine the owner because I am the only one that has complained. They can only fine an owner if it's a "common area" issue, and thus the other neighboring units have to complain before they can fine the dog barking unit. I live on an end unit, and apparently the other neighboring units are rarely home and thus haven't complained. It is clearly stated in our condo docs that owners are responsible for making sure that their dogs are not a nuisance. My property manager claims (and has advised the Board) that they cannot fine the owner because he might sue us. I have a string of emails, including nasty ones from the dog owner, where the dog owner clearly admits that his dog is barking but that I am supposed to "deal with it" and buy a noise making machine or turn on the radio. The property manager has heard the dog barking, as have other residents (but evidently that is still not enough). What recourse do I have? HELP?!

Asked on 4/25/12, 2:07 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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you can call the dog officer.

Answered on 5/03/12, 10:12 am

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