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neighbor's dog too close for comfort

Same thing happened here at my complex. I live on the 2nd story of 3 levels. My neighbors upstairs deck is directly above mine. More than once uh three four times that I know/smell of their dog has crapped and pissed on their deck and it trickles/pours down on my deck, furniture, and plants. The neighbors on the first floor get more of the trickle down effect and have put plastic jackets on all their furniture. We contacted HOA they didn't care at all never even returned calls or emails (thats what the $250/mo HOA fees get me). I then confronted the neighbor myself she was very care free about it...no results. Animal control couldn't do anything says it was safe living quarters. My only choice now is taking the owner to small claims court and maybe getting my worth of the damage done.
THAT REALLY STINKS

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