COLUMN: Barbara Holland

Q. I have lived in my current community for the past three years. I have received letters pertaining to the barking of my two dogs.

When a hearing was scheduled, I brought neighbors as witnesses, who were told that this was a closed hearing and they would have to leave.

Afterward, I received a letter from the board stating that I would be fined $25 each time a nuisance call was received by them. I now close the doors when I leave the house so that the dogs cannot go outside.

I received a statement from the association with itemized times and dates of complaints totaling $400. I was never notified of any of these so-called complaints. I feel that this is harassment. What advice can you give me?

A. Your association board should have allowed the testimony of your witnesses -- a basic legal right. Each witness could have been called to the hearing room one at a time. In addition, by law you were entitled to request in writing that your hearing be held at an open meeting.

The association may impose a fine each time a member fails to comply with the governing documents. The fine must be commensurate with the severity of the violation, but must not exceed $100 for each violation, or a total of $500, excluding health and safety issues.

If the violation is not curbed within 14 days, it is deemed to be a continuing violation by state law. The board may then impose additional fines for each seven-day period or portion thereof. These additional fines can be imposed without notice and without an opportunity for the homeowner to be heard.

After your hearing, the board should have sent you a letter informing you of their decision and of the consequences of a continuing violation. Your letter indicated you would be fined each time a nuisance call was received.

At this point, there are three things you need to do:

First, you may very well have a problem with barking dogs that can be heard from even inside your home. You need to check this out. Verify it. If so, contact your veterinarian as there are methods to inhibit barking.

Next, ensure your dogs are actually staying inside. Check with your family.

Finally, contact your board in writing and request a hearing from them so that you can discuss the recent letter. You must be prepared to demonstrate to the board what steps you will take to rectify the matter. Please note they may not grant a hearing.

In addition, you can ask the board if more than one party is verifying the barking. You can certainly ask them to waive or reduce the fines, which is their option.

Many homeowners have no idea how annoying the barking of a dog can be, especially over a long period of time.

As long as your board is consistent about its policy, there is no issue of harassment.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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