Barking dogs!

VikashLurker

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Okay so this is a bit of a twist from the regular barking dogs complaints. We are the owners of dogs that bark excessively according to our neighbour. In our opinion, the dogs do bark, but nowhere nearly as excessive as she claims. The dogs will bark when people walk past walking their dogs, or the estate guards walk past, or if the opposite neighbour's dog barks. We are not deaf, if the dogs bark, it annoys us as well, and if this goes on for over a 1 minute, I quickly put a stop to it.

Now before you sjambok me on how we are being inconsiderate pet owners etc. Please allow me to furnish you with the background of this complaint.

We have been staying at our place for the past 4 years. Last year, our neighbour started a school transport business using her existing H1 bus. It was the perfect arrangement as she was a female driver, living in the estate and was known to us. I am extremely paranoid when it comes to who transports my 7 year old girls. Up until this point, I was taking my lunch hour to ferry them. So I agreed to her transporting the kids, and this worked for the entire year. Come November, she told us that she was going to outsource the driving to male friend that was close to her. At this point, I thanked her for her services, but declined to renew the contract for the year of 2017, as I explained my nervousness regarding a male driver. We shook on it, and everyone was happy. Or so I thought.

Since December 2016, the bodycorp started contacting us regarding complaints about the dogs barking. I acknowledged the complaints and chatted to our domestic to ensure that if the dogs were to bark, she was to go outside and shut them up! They generally stop if you scold them. When I say they bark, I mean like for between 20-40 secs, this is while somebody walks past the house. (This might happen around 6 times for the entire day.) However, I can understand that this can be annoying.

But the complaints still continued, and I could not understand why or how. In fact there were occasions where my wife or myself would be working from home, and we would receive complaints. And we can easily hear when the dogs bark. So I started questioning the motives regarding this. Even the bodycorp would come over when they receive the complaints, only to find the dogs passed out in the back yard. So they kind of agreed with us, however they had to follow up on the complaints. They had the SPCA come over to inspect the dogs, and they also could not find any issues. I explained the whole transport thing and the guy said that the most common complaint about dogs stemmed from neighbor disputes rather than animal issues.

We were called in for a meeting between neighbour and estate management. And we were more that willing to come to some sort of amicable arrangement. I requested that she whatsapp us at any point when the dogs were being a nuisance, and we could act immediately. I only asked this, as nobody else was hearing the excessive barking like this women. Not me, my wife, the helper, I even asked our surrounding neighbours. To this date, we have not received a single whatsapp message, however, estate management have advised us that the complaints have doubled.

Today, I received an email from centre management that they would like to arrange a meeting with the police and the estate security and the 2 home owners concerned.

What is my recourse here as I feel that we are being harassed and she is using the dogs as an excuse. Can we not record the dogs for a period and prove that they are not barking excessively?

TLDR;
Neighbour claims that my dogs are barking excessively, I say that she is pissed off since we cancelled a business arrangement. It has escalated to the point of involving the police. What are my legal rights.
 
Do you have something that can record a full day , then you can record and monitor exactly how long the dogs bark? Need to prove that your dogs don't bark excessively.
 
Ummm you don't need to prove a negative, ever. She has to prove the dogs are barking, no proof, tell her to **** off.

Get statements from other neighbours stating that they don't bark excessively and she's done.
 
Ummm you don't need to prove a negative, ever. She has to prove the dogs are barking, no proof, tell her to **** off.

Get statements from other neighbours stating that they don't bark excessively and she's done.
We have statements from 3 neighbours who stated that they do hear when the dogs bark, so they are within hearing distance, however in no way is it excessive.
 
Ummm you don't need to prove a negative, ever. She has to prove the dogs are barking, no proof, tell her to **** off.

Get statements from other neighbours stating that they don't bark excessively and she's done.

But it's useful for the owner(s) to know how their dogs are acting when they're not there.
 
Sorry to hear about your situation. We had a similar (but also completely different) situation at our previous house. We also got told by one of our neighbours that our dogs barked excessively, yet no other neighbour thought that was the case.

We also requested that they provide times when the dogs were barking (which they never did). At the time, I often worked from home, so we started keeping a log of our own when they did bark. This was NEVER at any point even remotely excessive.

I used an old android phone of mine and loaded an app called IP Webcam (https://play.google.com/store/apps/details?id=com.pas.webcam&hl=en). I have a Dynamic DNS and port forwarding set up to reach the device from the internet. This allowed me to connect at random times during the day to monitor the situation at home. While the camera isn't movable (obviously), the microphone was extremely sensitive, so I could confidently say whether or not the dogs were barking (coincidentally, in the 2 years I did this, they were probably barking 5 times when I logged in).
If I remember correctly, the app also has the ability to record, but I don't think you'll be able to do an entire day's worth, unfortunately. It does seem to have sound detection which might trigger recording.
I do have to add that I was only able to connect to it from another Android phone using Firefox.

In the end, we decided to simply keep them inside when we went out (the rumours that dogs were being stolen in the area for use in illegal dogfighting made the decision easier). Even now at our new house, where everyone has barking dogs and no-one seem to be bothered, they still stay inside, and they seem quite happy with that arrangement actually.

All I can say is good luck, and as ScottulusMaximus has mentioned, they are making the accusation, they have to prove it. Otherwise we can simply go around and accuse random strangers of all kinds of things.
 
She probably won't be satisfied until she's escalated the matter as far as she can. As suggested above, have those written statements handy, and if you can back it up with footage all the better. You might even indicate at the meeting that you're considering filing harassment charges against her. Maybe that'll shut her up, especially if she sees the body Corp and police resisting her accusations.

Just a warning (and this might also be a good reason to have some form of surveillance), if she doesn't get her way she might actually try to hurt the dogs. It sounds like she's really gone bananas over this whole thing. Maybe I'm just being paranoid (I'm a dog owner and there's been a spate of poisonings in our suburb recently), but it doesn't hurt to be cautious.

Good luck!
 
Hi Guys,

I had a very similar issue when we moved into a new townhouse complex. My issue was kids teasing my dogs and the neighbour with the issue watering the dogs with his gardenhose. We ended up installing a CCTV system which records all four corners of my place. The complaints stoped dead in its track. I knew someone had an issue but upto today I do not know why. Here is the funny part, the neighbour with the issue recently called me over the fence and asked me for my CCTV footage after he was relieved of his bakkie at 2am in the morning.

My advice, get a CCTV system which can record for atleast a month and export the footage of the so called barking if any.
 
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If I can comment on this,

What does the BC rules say. an the trustees act on one unit who complaints or must it be more than one.

If its one, the BC rules are unfair. Someone can be de moer in for you and complain for nothing, and then trustees jump on complaints being pushed from the unit who reported you.

If its a pet friendly complex, the trustees must then also think, you CAN have dogs (and dogs bark)
 
Thanks for all the contribution guys.

.....

Just a warning (and this might also be a good reason to have some form of surveillance), if she doesn't get her way she might actually try to hurt the dogs. It sounds like she's really gone bananas over this whole thing. Maybe I'm just being paranoid (I'm a dog owner and there's been a spate of poisonings in our suburb recently), but it doesn't hurt to be cautious.

Good luck!

Well, funny that you should mention this. About a month back, we found stones in our back yard, and a half brick. I took pics of this this and meant to confront the Neighbors however, it was during school holidays and I knew they had kids visiting. So I concluded that it could have only been those kids as it was the first and last time of this occurrence.

In the meeting I think we can prove that we have acted reasonably. One of her requests was to open the side gates which will allow the dogs access to the other side of the yard/patio. Her argument was that the dogs would be less audible if they were on that side. I complied, as I was going to do that anyways. The only reason I had it locked up was due to my sensitive plants etc. that I didn't want the dogs stuffing up. But I thought that the dogs could do with the extra space anyway. However, I said I would only do this from Monday to Friday. Come Friday afternoon, the gate would be closed, as the gardener would clean up all the mess, and it would leave us with a crap free garden for the weekend. She is now insisting that this be open all the time. So I told her to get F@$Ked.

Even with the complaints, we were more that willing to address the noise, so long as she messaged us at the exact point and time that it was occurring. And she refused to comply.

I think anyone facilitating the meeting would see we have come to the party and she is just ranting for the sake of it. Hopefully.
 
So please let us know what actually happened?

Will do. The date hasn't been confirmed yet with estate manager. She told us that she has gone this route because the claim is she is being biased and not acting fairly. Hence getting independent mediators.

still say get a restraining order

Not sure exactly is involved in getting one. I.e do I have enough grounds for something like that?

On a side note, this might give a wider view on the person we dealing with. They are busy installing fiber in the complex. Huge mess obviously, however its something that needs to be done. They installed a massive hub outside this women's house (bout the size of pool filter.) But this is on the common property. Once put into the ground, its barely noticeable. My said neighbour loses her **** with management. So they move the location from her common property, to the other neighbours property. Literally 1/2 meter. I think they did that to spite her. lol nothing she can do about that.

Another day, she got home and found the street paving on her lawn, she just starts chucking the bricks in the middle of the road. Like WTF, who does this ****? Everyone is affected by this fiber install, everyone has the bricks on their lawn (there is nowhere else to put it while they dig!

This is what happens when you leave work to study full time. You lose it! BTW, she is studying law, so she tries to intimidate us with by citing by-laws what what. Prrrrrft.

Anyways, feel sorry for the hubby, cos he still tries to keep things civil. He popped over the other evening asking me where the Fiber connections points were. It seems everyone on our street have the fiber points installed ... except them ... ooops. lol
 
Oe ****, I stop working December to start studying full time.. Hope I don't lose my ****...
 
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