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My neighbor has complained and called Animal Control on my

Customer Question
dog He continues to harass me...
My neighbor has complained and called Animal Control on my dog
He continues to harass me because he does not like my dog
He now has complained to our Homeowners Ass. and they have fined me solely based on his word
Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
10/13/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,588
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There are two different things that you may need to pursue:

1) Contest the fine as assessed by the HOA

2) Contact an Attorney to write a cease and desist letter to the neighbor so that you can (if necessary) initiate a defamation action against the neighbor.

1) Under Florida Law you are entitled to an Appeal from the fine with an internal appeals committee of the HOA. If the HOA does not have a written policy describing the basis for such fines and/or does not have an appeals process then the fine is not enforceable.

See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.305.html

http://www.ansbacher.net/legal-requirements-fines-imposed-condominium-associations-homeowner-associations-florida-law/

2) The more difficult problem is the neighbor. They will continue to harass and defame you unless you take direct steps to stop it. Under Florida law you may be able to sustain a defamation claim against the neighbor BUT first you need to put him on notice. Sending a letter that you write yourself will be ineffective and self defeating. You need something that comes from an attorney.

Most attorneys will help you with this type of thing (writing the letter) for a relatively low cost (a few hundred dollars). If the letter does the trick it will be worth the expense to you.

This link can assist you in finding an attorney that can help you:

http://www.lawyers.com/libel,-slander-and-defamation/florida/find-law-firms-by-city/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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