Can HOA Force You To Remove Bird Nest?

Introduction

Is it legal for a homeowner's association to force you to take down a bird's nest? Most homeowners may ask this question, especially after observing a bird nesting in their compound. Homeowner’s associations are groups that own and control communities. In other words, homeowner’s associations are boards that administer and direct homeownership. They ensure that people adhere to some sort of standards to maintain the aesthetics and safety of the neighborhood.

Sometimes, a bird might make a nest in someone’s yard. It can be an issue if the HOA has specific rules regarding how the yards need to be maintained. This article aims to explore whether the HOA can help you remove a bird's nest. We will also see the ways the law has safeguarded birds and if homeowners can decline to remove nests. What is more, it may be helpful to consider both the wildlife and the rules of a particular community.

Understanding HOA Rules and Regulations

These rules are intended to confirm to the people within a community that they are indeed to be obeyed. They are also intended to maintain the neighborhood's aesthetic in terms of cleanliness. They can cover everything from the color of your house to how high your grass should be and how you should mow your lawn.

One thing HOAs focus on is the appearance of the outside of homes. They want to ensure that all the appearance is clean and arranged systematically. Some HOAs set various petty regulations. These may include ensuring the compound is not overgrown by debris, the plants are trimmed, or even the fences and other structures are well maintained. Rules also include the right to have any constructions within a premise, such as birdhouses, allowed or prohibited. If a bird decides to make a nest in your house, the HOA will force you to remove it if it does not conform to their regulation.

In most cases, if an HOA feels a rule has been violated, it first writes a letter of caution. If the problem is not resolved, it may charge a fine. It can also sue when the situation arises. The purpose of the HOA is to force homeowners to adhere to regulations, and it uses various methods to achieve that end.

HOA Authority: How Much Control Do They Have?

HOAs control certain parts of your property but not everything. They are supposed to manage infrastructures common to all members, such as roads, parks, and halls. They also have rules defining what is supposed to be observed from outside a house, as we do today. It ensures that the neighborhood is clean, secure, and well-maintained.

However, what does your own private space—your backyard —look like? If a bird builds a nest in your backyard, can the HOA tell you to remove it? It depends. The HOA owns the copyright as to what everyone can see more than the POA. Some can give you insights on how your front yard should be or what it should look like but are powerless when it comes to your backyard. If the nest is located somewhere that can only be seen by other occupants or is behind the fence, the HOA may not be able to instruct you on what to do.

Of course, an HOA can set a limit on the number of birdhouses or any other structures in your yard. But again, these limits are generally about how the yard appears to people. They do not always have the right to determine what is on the other side of this view.

Bird Nests and Legal Protections

Birds are protected by law. Rules exist in the cover of many birds and their nests to protect them from damage. For instance, in several nations, it is against the law to interfere with or destroy the nest of one or many species of birds, especially during the breeding season. This means that if you find a bird nest in your yard, you may not be allowed to remove it, depending on the type of bird and its legal protections.

For instance, we have the Migratory Bird Treaty Act in the United States. This law prohibits anyone from harming or interfering with birds that are either in the process of migrating or breeding. Suppose these birds or some other fowls decide to nest in your compound; you may well be in breach of the law if you order the removal of the nest, especially if the birds are protected.

The HOA also cannot violate the law. If the HOA mentions holing and encourages you to take down the bird nest, harming it might be unlawful. This way, there is a balance between following the HOA rules and conserving wildlife.

What Happens If You Don’t Comply with HOA Rules?

As much as you would like to enjoy the benefits of compounds, there are stiff regulations through the HOA, and if you fail to abide by these regulations, you may be in trouble. The HOA might first send you a warning. In some cases, they can request that you correct the problem or remove the bird's nest. If you do not respond, they will likely summon or even fine you. The fines can accumulate, and such actions can lead to more severe consequences.

At the worst, the HOA could take legal action. They can even decide to take you to court and seize your home—they can take away your house. But this is not very often; in most situations, the HOA will attempt to resolve the issue with you.

Homeowners can also stand up for themselves if they feel the HOA is partial. If you don’t wish to take down the nest, consult the HOA and make them understand the reason for safeguarding the birds. So, if you have a right to disagree with them and their decision, there is often a way to take the case to court. Even though the HOA is supposed to follow the law, it is up to the courts to determine it.

Can HOA Force Membership or Control Non-HOA Neighborhoods?

Some reside in areas that are under the management of an HOA, while others are not. If you reside in a neighborhood and one is created later, you may be forced to become part of the HOA. Here, you would be bound by the rules of the HOA, even though you never signed up for the set of rules when you were moving into the house. It becomes irritating for many homeowners because they may not wish to stick to all the regulations set by HOA.

On the other hand, if you have no HOA in your neighborhood, it means that the rules of the HOA do not bind you. You are free to decide on managing your yard, including bird nests. When you live in an HOA neighborhood, you should read the guidelines well before challenging a decision, such as removing a bird's nest.

Resolving Conflicts with HOA

Sometimes, homeowners and HOAs do not agree.  In a situation where the HOA insists on your removal of a bird nest, the best step is to discuss this with them. The flow of information should be free. To do so, especially if the birds are protected by law, you may want to tell him why you would like to retain the nest.

If talking does not work, consider getting a third party involved: mediation. In mediation, people come together to find a solution while someone else assists them. The above could solve the issue without going to court for a civil litigation resolution.

The law can sometimes be invoked, but it is often better to try other solutions. Working together is the best way to find a fair solution for everyone.

Balancing HOA Rules with Homeowner Rights

Homeowners have the right to use and own the homes. It comprises the right to have birds make nests in your compound. However, they also have to follow the regulations imposed by the HOA. The HOA’s purpose is to maintain the pleasing aesthetic of the neighborhood entities and enforce everyone’s compliance with those aesthetic rules.

On the other hand, they have personal rights, too. Everyone should be able to have a place to look at their yard and preserve wildlife. In some cases, it is possible to compromise between HOA rules and bird protection. For instance, if a bird’s nest is built on a tree in your yard, the HOA may make an exception and allow the nest to remain there. It would be a way to help the wildlife yet would not violate the rules of the HOA.

Sometimes, special rules for wildlife exist. These rules allow homeowners to maintain bird nests even if they do not comply with the requirements of a regular HOA. They also ensure the preservation of animals in compliance with community standards.

Conclusion

An HOA can always determine how a neighborhood should look but cannot always force you to remove a bird's nest. There are laws regarding birds, and these laws may prevent the HOA from preventing you from removing a nest. Property owners can use their property to defend wildlife, but this has to be done under the regulation of their HOA.

People should communicate the HOA rules in a way that does not endanger animals’ lives. Discussing things with the HOA can provide homeowners with ways to compromise, allowing the inhabitants to realize their dreams while benefiting wildlife. All people should live tolerantly without interfering with other neighbors or harming individuals or nature.