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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?
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.
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.
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
(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
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.
I would appreciate the STATE NUISSANCE LAWS, PLEASE.
In your situation the local laws would apply.
Your Association Bylaws may be available online. Does the HOA have a web site?
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