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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3614
Experience:  25 years of experience in general practice, real estate law and estate law.
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I HAVE A PRES. OF OUR HOMEOWNERS ASSOCIATION WHO HAS BEEN HARASSING

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I HAVE A PRES. OF OUR HOMEOWNERS ASSOCIATION WHO HAS BEEN HARASSING ME IN VARIOUS FORMS FOR 6 YEARS. 4 YEARS AGO I HIRED A GOOD LAWYER WHO THREATENED THE PRES. WITH A PERSONAL HARASSMENT SUIT IF HE DID NOT STOP. THIS WORKED FOR AWHILE, IN IT'S MOST SEVERE FORM. NOW HE IS USING THE ASSOCIATION TO SIGN A PETITION WHICH WOULD ALLOW HIM TO FINE ME FOR MY EMOTIONAL SUPPORT DOG FOR NUISSANCE BARKING. THERE HAS NOT BEEN ANY C/O NUISSANCE BARKING BY THE HOMEOWNERS. THERE HAS BEEN ONLY 1 COMPLAINT OF OFF LEASH IN THE PAST MONTH AND HER GOING TO A NEIGHBORS CONDO GROUNDS. THE DOG HAS BEEN HERE WITH ME 3&1/2 years.
I CAN'T DEAL WITH HIS MANIPULATION AND HARASSMENT , YET AM UNABLE TO MOVE AT THIS TIME.
I NEED LEGAL REPRESENTATION TO DEAL WITH HIM AT THIS POINT, AND TO KNOW WHAT IS CONSIDERED "NUISSANCE BARKING IN Vermont.
I NEED HELP FINDING A LAWYER IN SOUTHERN VT. WHO DEALS IN THIS AND CAN REPRESENT ME IN DEALING WITH THIS PRES. OF THE ASSOCIATION.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 11 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Unfortunately, pursuant to the terms of service of the sight we are not permitted to provide a referral for a specific attorney.

I apologize for any inconvenience this may cause for you.

That being said, I would like to assist in way that I am able.


I would have suggested the Bar Association as one of the options. The other service that provides excellent information is Martindale Hubbell at

http://www.martindale.com/Products_and_Services/Peer_Review_Ratings.aspx

Can you tell me if your HOA governing documents provide a definition for "nuisance"

Can you tell me where in Vermont the property is located so I can provide you with the legal definition for nuisance in your area?

Customer: replied 11 months ago.

sorry for the delayed response. I had trouble getting your response.
I can't get to the HOA documents right now. I'm sure their is some reference to disruptive noise. In this very recent petition regarding dogs, it only says "nuisance barking" and does not describe any particulars.


I live in Arlington , VT. and know that the CONDOMINIUM ASSOCIATION IS NOT GOVERNED BY THOSE LAWS BECAUSE IT IS CONSIDERED PRIVATE PROPERTY.


THANK YOU.

Expert:  Attyadvisor replied 11 months ago.
Sorry you are were having trouble getting my response.


I am not sure I understand what you mean when you say the CONDOMINIUM ASSOCIATION IS NOT GOVERNED BY THOSE LAWS BECAUSE IT IS CONSIDERED PRIVATE PROPERTY. Are you saying the Arlington Vermont laws do not apply to the association?
Customer: replied 11 months ago.

YES, I THINK SO. I HAVE A CONTRACT FOR THE DOG WITH THE ASSOCIATION. THEY DID NOT HAVE TO FOLLOW THE NORMAL ORDINANCES IN TERMS OF THE TERMS, SUCH AS LENGTH OF LEASH, ALLOWING THE DOG TO BE ON COMMAND, RATHER THAN LEASH ETC. HOWEVER, THEY WOULD CALL THA ANIMAL CONTROL OFFICER, IF THERE WERE TO BE A PROBLEM WITH THE DOG, NOISE , LOOSE AT LARGE ETC.
I WOULD VERY MUCH LIKE TO KNOW WHAT THE ARLINGTON LAW IS REGARDING "NUISSANCE BEHAVIOUR. I COULD NOT FIND IT ONLINE. THANK YOU.

Expert:  Attyadvisor replied 11 months ago.

6. NUISANCES PROHIBITED

No person shall keep or harbor any dog which:

(1) by frequent habitual barking, or howling or yelping disturbs peace and quiet of person of ordinary sensibility;

(2) attacks or bites any human being;

(3) repeatedly pursues or chases pedestrians;

(4) repeatedly pursues or chases vehicles;

(5) repeatedly attacks other dogs, livestock, poultry or other domestic

animals;

(6) chases or pursues deer;

(7) repeatedly causes disturbance or interference at the school grounds or

other public places in the Town of Arlington. Any such conduct is hereby

declared to be a public nuisance

http://www.arlingtonvt.org/wp-content/uploads/PDFs//RevisedDog.pdf

I would imagine that number 1 is the only that may remotely apply to you. Frequent and habitual mean ongoing and most of the time.
Let me get the State nuisance laws for you as well.

Customer: replied 11 months ago.

I would appreciate the STATE NUISSANCE LAWS, PLEASE.

Expert:  Attyadvisor replied 11 months ago.
In Vermont the court defined nuisance in Coty v. Ramsey Assocs., 149 Vt. 451, 457, 546 A.2d 196, 201 (1988) "(to be considered nuisance, interference with use and enjoyment of another’s property must be both objectively unreasonable and substantial"

http://www.vtbar.org/UserFiles/Files/WebPages/Attorney%20Resources/juryinstructions/civiljuryinstructions/Nuisance.htm

In your situation the local laws would apply.

Your Association Bylaws may be available online. Does the HOA have a web site?

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3614
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 11 months ago.
Thank you.

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