Question:
I was given a written contract to have a purple Martin bird colony during their breeding season in 2021. Now the new board wants me to take them down. Can they force me to do this? These birds are protected by the migratory bird act.
– Laura
Answer:
Hi Laura,
Under the Migratory Bird Treaty Act (MBTA), Purple Martins (Progne subis) are indeed protected under this federal law. The MBTA prohibits the unauthorized taking, killing, or possession of migratory birds, their nests, or eggs. However, the Act does not specifically address the maintenance of bird colonies on private property or override local HOA regulations. Therefore, while the birds themselves are protected, this protection does not necessarily extend to the structures installed to house them.
Homeowners associations generally have the authority to revoke prior approvals granted by previous boards if the prior approval was done incorrectly. It’s best to check your HOA governing documents to understand the HOA’s authority regarding property modifications and the process for revoking prior approvals.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
