In the best case scenario, the owner might not have been aware of the barks. Perhaps the dog barks when they are not at home. Or maybe the owner doesn’t realise how much noise carries in the building or complex. They might look for a solution themselves. This could be taking the dog for behaviour training, or trying to reduce the time it spends on its own. Either way, it is important to communicate on an amicable level at first. Don’t start the dialogue threatening legal action. End by setting a time for a future meeting in a few weeks, to check on progress.

If the neighbour is unresponsive, or the meeting does not result in any change, you could talk to the local homeowners’ association. They could organise a larger meeting to discuss topics such as enforcing communal quiet hours or improving soundproofing. This will also be useful in knowing how many people are affected by the same problem.

Getting the authorities involved

If this still fails to get anywhere, you could call the local police (not the national police). Whilst they will not arrest your neighbour, they can come to your house and log the case. This record is useful incase further legal action becomes necessary. They will check that you have tried to resolve the situation via all amicable options available and talk to your neighbour. This should be enough but if not…

…You could do a formal denunciation in the police station. This process may take time, but police officers will assess the noise issue. Neighbours could receive a summons, which works like a traffic fine. They can either pay this fine or refuse and go to a court hearing. If the police consider the dog is in a state of abandonment or maltreatment, it could be taken away from the owner.

Court as a last resort

As a last resort, if you’ve done everything else, you can send a judicial demand for nuisance before a minor issues court. If that goes through, the court can force the owner to resolve the situation. If they don’t, they could face higher fines and even jail time.

Possible sanctions include: the dog is demanded not to bark, it is sent to kennels, or even penalties against the owner living in their residence for a certain period.

What evidence or proof do I need?

Laws (and therefore proceedings) regarding dog barks vary on a local level. They differ in terms of permissible decibels and penalties. Additionally, local rules surrounding rest hours in shared housing complexes or apartment buildings also vary. Nonetheless, it is a good idea to keep a copy of:

• The start date of the problem. Having issues over a large period of time helps to show the extent of the nuisance.

• Keep audio recordings or videos, where you can hear the noise. Most recording devices include a timestamp which is useful if the issues occur during a building’s quiet period.

• Know how much you would want to receive in damages.

• Keep any communications that you have had with the owner, homeowner’s association, local police etc. This will show that you have tried everything else to resolve it outside of court.

DISCLAIMER: This article is not considered official legal advice and it might not be up-to-date. If you need legal advice in this matter, please contact us on rpinera@pineradelolmo.com

Our lawyers would be happy to help you.