Q: My family recently rented a house next to us at the Community Association. They have several dogs and attach temporary fences to allowed wooden fences to allow dogs to stay outside all day long and form a enclosure for bark. Are they allowed to install on our fence without permission? Is there anything you can do about noise? – Caroline
A: Your neighbors have no right to attach anything to your fence unless you allow them.
If they damage your fence, they will pay for the repair.
You want the attachment to be deleted, so the first step is to ask them to do it. If that doesn’t work, talk to the association manager and ask them to deal with it.
The law holds pet parents responsible for their pet’s behavior.
Barking, other noises can become a problem, or if it occurs at night. The law considers this to be “nuisance.” Because your neighbors have the right to enjoy your home without disturbing your peace.
When asking to remove fence attachments, check if it resolves the noise issue. You can also mention this to the Association Manager.
If that doesn’t work, you can file a complaint with the Animal Control Department or the Sheriff’s Office, depending on your location. The complaint must be specific, so make sure you have recorded the date and time of the occurrence.
If a neighbor solves the problem, it usually concludes the problem. However, if not, you may be fined or other enforcement action may be taken.
Your neighbor is a tenant, so you should also talk to the property owner. Despite the tenants causing problems, their landlords can share the outcome and should help them resolve the problem.
You can sue both the tenant and the landlord and ask the court to force them to stop the nuisance and receive monetary compensation for damages to the fence.
To win your case, you must show that it is annoying to bar after you ask them to stop the problem and have influenced the enjoyment of your home.
Gary M. Singer is a Florida lawyer and is accredited the board as a real estate law expert by the Florida Bar. He practices real estate, business litigation and contract law from his office at sunrise. He is the chairman of the Broward County Bar Association’s Real Estate Division and co-hosts the weekly radio show Legal News and Reviews. He frequently consults with a variety of businesses across the country about common real estate issues and trends in Florida. Submit your questions online at sunsentinel.com/askpro or follow us at x @garysingerlaw.
