Barking Dogs

This doesn't apply to everyone, or maybe it does, but someone has been posting in the comment section of almost every post about a barking dog next to their unit. According to the commentor, their neighbor has a dog that continues to bark and "whine" (not "wine" like most of our readers are familiar with) which keeps him/her up at night. We are not even sure if this person lives in IC but regardless we thought it was an interesting problem. In 1940, the Supreme Court of Florida held that the barking, yelping, scratching and/or growling of dogs may constitute a “nuisance”, especially when such conduct disturbs others, causes loss of sleep, or annoys or prevents others from the possession and enjoyment of their property. Most associations have provisions in their governing documents which prohibit nuisances. Florida law generally defines “nuisance” as a condition which annoys or disturbs another in the free use, possession or enjoyment of his or her property or which renders the property’s ordinary use or occupation physically uncomfortable. To prove the existence of a nuisance, there must be a substantial and continuous or recurring harm. A mere annoyance is not sufficient. Also, the effect of the nuisance will be tested against an ordinary reasonable person with a reasonable disposition, in ordinary health, and possessing average and normal sensibilities. In essence, the courts will not afford protection to the hypersensitive individual. While it is common for dogs to occasionally bark, consistent loud barking could be deemed a nuisance, supporting the Association’s decision to pursue a fine. Of course, you are entitled to a hearing before a fine can be imposed to present “your side of the story.”