HOA board should take action on owner’s complaint about neighbor’s barking dog or face possible lawsuit

Michael Bogen devotes his legal practice to representing hundreds of condominium and homeowner associations. Bogen, who is admitted to practice law in Florida, Washington, D.C., and Nevada, also is admitted before the United States District Court in the Southern and Middle Districts of Florida. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.

EMAIL: column@Condo Law.com Lauderdale Fort Sales associate A fulltime professional since 2003

My father was a builder in Michigan for many years, and I was always interested in building and interior design. I went to college in Boston to study design. I feel this gives me an edge in helping my buyers and sellers with the architectural eye that I have. I feel what I have I live in an HOA where trees on the common area property have roots that are coming ontomy property and causing damage to my driveway. Who is responsible for maintaining the trees and damage to my driveway? The first place to look is at your HOA’s declaration. You should look at the maintenance provisions to determine who is responsible for the landscaping and maintaining the trees. Generally, a tree on the common area and not on your lot of land will result in the Association being to offer above and beyond are my Midwestern ethics that I never deviate from, always being honest with integrity. Always putting the desires of my buyers or sellers first.

I have helped many buy and/or sell from Hollywood north as far as Port St. Lucie. My expertise is the east side and waterfront.

Motivated and excited with each new real-estate endeavor.

Find the right professional that you have trust in their responsible for maintaining the trees. However, under Florida law, if roots from a tree positioned on another person’s land encroach onto your land, the other owner whose tree roots are encroaching on your land is your responsibility. This is general and I would recommend consulting with a community association attorney to further discuss your issue. I have lived in my condo building for almost 20 years and I smoke and have a dog. All of a sudden, the board passed a rule stating that there is no smoking expertise, and have a good working relationship with.

Try to be realistic when you first list your property, so that you don’t push away any potential buyers.

I donate to my church and to breast cancer. I have a heavy heart with breast cancer, as my mother passed away at the young age of 58 with it.

I love watching golf and tennis on TV. anywhere in the building including my unit. I am now being fined for smoking in my unit and being threatened with lawyer letters. When Imoved into the building, smoking was allowed. Is the board able to pass such a rule? Yes and no. The board may pass reasonable rules and regulations concerning the prohibition of smoking in the common elements, such as a clubhouse or on the catwalks. However, a board may not pass a rule limiting your ability to smoke in your unit. On the other hand, if the smoke is entering other units and PRODUCT DEVELOPMENT MANAGER ADVERTISING DESIGNER SPECIAL SECTIONS WRITER SENIOR SALES MANAGER REAL ESTATE ACCOUNT EXECUTIVE interfering with those unit owners’ ability to enjoy their unit free of smoke, then those owners may have a case against you. Dogs are allowed in our building; however, my neighbor’s dog barks all the time and even all night. I complained to the board and they do not do anything. Is there anything I can do? I would recommend sending your concern to the board via certified mail return receipt requested. If the Association does not take any action to at least notify GARRETT A. FOSTER DEBORAH DOCHERTY TRACY KOLODY ARIEL GONZALEZ TANYA PLATH 954-425-1642 954-425-1029 954-425-1695 954-425-1053 954-425-1517 the owner that their dog is causing an annoyance to other owners then, as an owner, the next step generally would be for you to take legal action against the Association for failing to enforce the Association’s governing documents and/or rules and regulations concerning nuisances.