Can an HOA ban bird feeders in the community? While birds are a beautiful part of nature and can add whimsy to any neighborhood, it is not always wise to feed them. Attracting birds can bring on several negative effects, leading to more headaches than benefits. Before making a decision, though, it is important to understand whether or not an HOA even has the power to ban bird feeders.
Can an HOA Ban Bird Feeders?
Whether or not an HOA can ban bird feeders depends on two things: state or local laws and the association’s governing documents. Board members should refer to their state and local laws to see if there are any provisions that would prevent them from banning bird feeders. More often than not, though, state and local laws are silent.
An HOA will likely need to verify its authority by checking the governing documents, particularly the CC&Rs and operating rules. If an HOA’s governing documents say that bird feeders are not allowed, then the board can enforce this rule. However, if the HOA’s governing documents allow bird feeders, then the board must allow them or amend the documents to prohibit them.
Some associations can make the argument that bird feeders fall under the nuisance clause of their CC&Rs. Homeowners, though, may contest this, and it depends on how the governing documents define “nuisance.” As such, it is best for an HOA board to amend its documents to specifically address bird feeders in the community.
What’s the Problem With Bird Feeders?
Bird feeders may seem like a minor issue that is not worth addressing. However, there are several reasons why an HOA may want to ban bird feeders. Feeding birds in HOA can bring on a number of consequences.
For one thing, bird feeders can attract all kinds of pests. This includes insects and rodents, such as squirrels and rats. Homeowners will usually keep bird feeders full. When this happens, the feeders become a source of sustenance for pests. They can start to get used to the bird feeders, making it all the more difficult to get rid of them down the line.
Apart from pests, bird feeders can also attract strays, including cats, dogs, and even wild animals. These animals can be dangerous to the community. They can pose a threat to pets and children alike. Wildlife can get into fights with pets and even attack kids. Thus, bird feeders have the domino effect of making an unsafe environment.
Safety is not the only concern, too. Health is another major consideration. Pests and wild animals can bring disease into the community. This includes salmonella and E. coli. Even the birds themselves can transmit diseases, such as psittacosis, avian influenza, and Newcastle disease.
Should an HOA Prohibit Bird Feeders?
Sometimes, the question is not whether or not an HOAÂ can ban bird feeders but whether or not an HOAÂ should. If no such rule exists within the community, board members should take everything into consideration.
Clearly, there are several disadvantages to allowing bird feeders in the neighborhood. When bird feeders are permitted, there is no way of controlling the number of bird feeders that will be installed. It may start with a handful of homeowners, with others following suit. Before an HOA board even knows it, they might have a full-blown pest problem.
On the other side of things, an HOA should prepare for the aftermath of prohibiting bird feeders. When an HOA outlaws bird feeders, it may encounter some pushback from residents. This may be more common in a community with bird-loving or bird-watching residents. Seniors, in particular, have an affinity for bird feeding.
If an HOA board decides to prohibit bird feeders, it must provide a clear explanation to the homeowners. It is important to explain the downsides of bird feeders and how they can negatively affect the community. Before enacting the rule, it is essential to weigh the pros and cons.
HOA Ban Bird Feeders: Amending the Rules
While some associations may choose to enforce a “no bird feeders” rule under their nuisance clause, it is still more prudent to enact a rule that specifically addresses them. The HOA board must amend its CC&Rs or operating rules to do this. Amending the CC&Rs will usually require a vote from homeowners, so it will be harder to achieve it if most owners want bird feeders. In comparison, adding a new operating rule requires only a board resolution.
Regardless, board members should follow proper procedures and fulfill all the necessary requirements outlined in the governing documents. In doing so, the board can avoid claims of invalidity. When the board fails to follow proper protocol, homeowners may challenge the amendment and deem the provision unenforceable.
After enacting the rule, the HOA board should notify homeowners of the change. This usually means sending written notice to all owners. However, not everyone may read the notice, so it is best to supplement the announcement using other communication channels. This includes posting the news on the community website, including it in the newsletter, and emailing residents.
The job does not stop there, though. Board members must also enforce the rule consistently and uniformly. If the board only picks and chooses the times it enforces the rule, homeowners can claim selective enforcement. This can render the rule void and unenforceable.
Bird Feeders in Common Areas
Although homeowners may not be able to install bird feeders, an HOA still likely has the power to do so. However, for the same reasons outlined above, an HOA is better off refraining from installing bird feeders in common areas. Even properly maintained, bird feeders can still attract pests and wildlife in common areas. These strays can still bring disease and endanger others.
Can an HOA Ban Bird Feeders? Answered!
State and local laws usually don’t address an HOA’s authority to ban bird feeders. However, an association’s governing documents may have something to say about it. If an HOA’s governing documents are silent yet the board wishes to prohibit bird feeders, it is essential to amend the rules.
Cedar Management Group can help HOA boards enforce the rules and amend their documents. Call us today at (877) 252-3327 or contact us online to learn more!
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