Question:
I live in a townhome community in the middle unit with shared walls. Yard is extremely small. My neighbor has a bird feeder that spread the feed all over my yard, bird droppings all over my porch and furniture. My bushes were destroyed by the birds creating unsafe, unsanitized conditions. for my me and my family to live on our property.
Since HOA by-laws did not have any provisions about the bird feeders or their governing rules. Township didn’t have ordinance. Neighbor does not want o remove feeder, HOA’s response is they will conduct an inspection in few days and document their findings and the HOA will take necessary action to ensure reposible party takes the necessary steps.
The infesation of my propety continues with bacteria growing all over, I am not sure why the HOA did’t take any measures to stop the refill of the feeder untill the inpsection is conducted and they documented their findings.
Since the HOA by-laws did not have any provisions about the bird feeder or the governing rules, will the homeowners be allowed to have the feeder even tough it is creating unsanitory conditions to the adjacent owners.,
I was advised to get pest control as well by the board instead of asking the owner to remove the feeder for the above reasons.
– Rajani
Answer:
Hi Rajani,
The HOA may not be able to take enforcement action when the bird feeders are not against the rules, city ordinances, or state laws. It may be wise to continue working with the HOA to conduct an inspection to resolve the issue. Depending on the findings, you may propose an amendment to the governing documents or an addition to the rules.
You may also consider mediation or arbitration with the neighbor to resolve the dispute. Alternatively, you may consider installing deterrents that might keep the birds away from your property if they’re allowed in the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
