LindaR
(Texas)
Posts:10
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| 01/29/2007 9:15 AM |
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i have been asked by some members of our condo community if they can call the health department on a homeowner that refuses to obey the rules and continues to feed stray animals which attracts hundreds of pigeons. the pigeons are making a mess on several cars parked in that area and the sidewalks look terrible. this owner refuses to obey the rules and the question is can we go the the city for a possible fine or letter to her.
we are in texas. thanks |
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MikeS1
Posts:0
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| 01/29/2007 9:36 AM |
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| Do the CCR's specifically address this issue? If so, why don't you ask the Board to use Due Process, have UM send the resident a Cease and Desist letter. In most states, residents can be assessed if they continue to violate the CCR's. |
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BrianB
(California)
Posts:1742
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| 01/29/2007 7:38 PM |
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to answer the first question, yes, anyone can call the health department if they wish. That's why their number is in the phone book. In fact, if the HOA attempted to prevent a homeowner from doing that, they would be doing something illegal.
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RonaldW
(South Carolina)
Posts:900
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| 01/30/2007 6:21 AM |
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Posted By BrianB on 01/29/2007 7:38 PM
to answer the first question, yes, anyone can call the health department if they wish. That's why their number is in the phone book.
I agree. And it's easier and causes less hard feelings than trying to enforce it through letters and fines.
If it doesn't work you need to use the letters and fines approach.
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Ron
SC |
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LindaR
(Texas)
Posts:10
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| 06/06/2008 12:56 AM |
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| i am bumping this post up for any other possible answers. we still have two homeowners who continue to feed strays and it is causing a lot of trouble. has anyone in texas had this problem? or anyone who could give me an idea of how a letter would read to the homeowners. yes, our bylaws state that this is against the rules. i am the president of the townhome assn and have been fighting this problem for years with no solution. any help would be appreciated |
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SusanW1
(Michigan)
Posts:2184
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| 06/06/2008 5:20 AM |
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We have a Do Not Feed the Birds SUGGESTION from the municipality and the DEQ (Dept. of Environ. Qaulity) but there is no law about this.
You will have to show a health or safety issue. So that means calling the Health Dept. or Animal Control to discuss your options.
A petition from the other homeowners may nudge them, but don't count on it. |
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BrianB
(California)
Posts:1742
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| 06/06/2008 7:54 AM |
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if your bylaws cover this (which i doubt.. typically, by-laws cover how to run the business, covenants cover how to run the neighborhood), then the letter is simple.
It has come to the boards attention that you are violating section X, Article Y, paragraph Z of our covenants, which states: hsfjkadfjkadvcjkabkln dsfh lhfadsfie no feeding lkhasfdlksn hhfds.
Please cease this activity immediately. If you do not cease, the board can and will take the following actions, allowed to them by the covenants in Article HKJH. These actions can include Fines, Fees, and legal costs.
Your rights as a homeowner under the covenants are found in Section HJKHKJH
If you have any questions, yadda yadda.
thank you, and have a great day.
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EllenS1
(Florida)
Posts:353
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| 06/06/2008 7:59 AM |
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| A call to your city or the board of health would answer your question. |
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MicheleD
(Kentucky)
Posts:1722
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| 06/06/2008 2:25 PM |
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Or better yet, the HOMEOWNERS who object to the practice can call the Board of Health.
Why do Boards feel they are the secretary to lazy people in an association who don't want to contact the appropriate government agencies themselves?
If you contact the Board of Health, and nothing gets done, because for whatever reason the BoH doesn't feel it's a problem, then the homeowners will still hold you at fault for not stopping it.
However, if they are taught how to make the complaints themselves, they can better manage their own expectations about whether and how something gets done.
I would also like to see the CC&R that says "Don't feed strays."
Find it odd that would be in a set of governing docs for an HOA, but what do I know? It may be a big deal in Texas.
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BrianB
(California)
Posts:1742
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| 06/06/2008 2:41 PM |
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Good point Michele. i would bet that most CC&R's regulate the feeding of NON strays more than they do strays.
After all, many HOA's regulate the number and type of pets an HOA can own, but i bet there's not many that regulate the number and type of animals an owner DOESN'T own.
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GlenL
(Ohio)
Posts:1377
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| 06/06/2008 2:58 PM |
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| Linda as far as the strays go call animal control that's what they're there for. As to the pigeons you can hire people with trained falcon's who will quickly eliminate that problem. If the strays are small enough they may take care of that problem too. A city near where I live used to have someone shoot pigeons usually on a Sunday morning when downtown was deserted. They got too many complaints about the policy so they established several falcon nests downtown which keeps the flying rats to a manageable level. |
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BrianB
(California)
Posts:1742
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| 06/06/2008 3:10 PM |
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AND, gives those of us who love raptors a nice thrill to see the falcon's hunt.
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DonnaS
(Tennessee)
Posts:2855
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| 06/06/2008 4:02 PM |
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Everyone better hope that these pigeons are not somebodys Homers or Tumblers. |
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BrianB
(California)
Posts:1742
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| 06/06/2008 5:44 PM |
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Agreed Donna, but same rule of pigeons as for dogs and cats... Don't care if it's purebred, half breed, stud champion, or mongrel, if your pigeon/dog/cat is on my property, you are a remiss owner (i try to blame the correct animal, the human one).
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GloriaM
(North Carolina)
Posts:778
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| 06/07/2008 1:26 PM |
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| Sounds like animal control should also be called for the stray animals. |
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Dr. Gloria J. Martinez, CFO
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KirkW1
(Texas)
Posts:1145
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| 06/11/2008 8:03 PM |
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I am from Texas and can't help but think of another way to stop the problem. I would look to remove the pigeons. The thing to ensure is that the capture and eventual killing be considered humane and avoid problems with discharging a firearm.
Pigeons are incredibly stupid rats with wings. You can find information on getting rid of them here:
http://www.getridofthings.com/get-rid-of-pigeons.htm
Perhaps if the owner realizes that she/he is simply luring the birds to their untimely deaths the behavior will stop. Otherwise, consider it an act of charity to the people in the surrounding area in getting rid of them. (I would recommend live trapping and then killing well off premise outside city limits. While urban DAs are often sympathetic to the birds, those in more rural areas realize what a favor you do and only get involved if you really are choosing an inhumane method of killing. Besides there are fewer witnesses.) |
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LindaR6
(Texas)
Posts:2
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| 07/10/2008 6:41 AM |
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here ia an update, for any of you who might be interested. i contacted
the animal control dept and they have advised me that when a person feeds a stray animal, the animal control assumes that they are taking
responsibility for this animal and therefore they have to show proof of
having had the animal licensed with current immunization records, etc.
the animal control investigated and sent an officer to the units of two of the offending homeowners twice and did not get a response when they knocked at their doors. i sent out a letter stating all of the above info and one homeowner has vowed to stop while the other has stopped putting cat food out but still insists on bowls of water and has been seen throwing weiners to a large dog that keeps coming onto the property and management continues to chase off. this lady's response is "i am old and i can do whatever i want to do". (oh the joy of being president of the board!!). |
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KirkW1
(Texas)
Posts:1145
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| 07/10/2008 8:55 AM |
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Linda,
Have you checked with your animal control division about live traps. Many communities here in North Texas have live traps that you can borrow. They will even help with suggestions on what bait to use. Then when the trap has caught its prey you return the trap to animal control.
The best method of stopping your holdout is to remove the offending animal. And if the neighbors know that you are actively trapping strays to turn in they will often stop encouraging them. |
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BrianB
(California)
Posts:1742
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| 07/10/2008 9:42 AM |
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Posted By LindaR6 on 07/10/2008 6:41 AM
"i am old and i can do whatever i want to do". (oh the joy of being president!).
just a bit of editing, and you have one heck of a truthful, political statement about our current administration. |
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LindaR6
(Texas)
Posts:2
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| 07/10/2008 11:08 AM |
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| YES, WE HAVE HAD THE ANIMAL CONTROL LOAN US SOME TRAPS AND WE ALSO HAVE A COUPLE OF OUR OWN. WE HAD ONE CAT TRAPPED AND CALLED THE ANIMAL CONTROL TO COME PICK IT UP AND BEFORE THEY GOT THERE ONE OF THE "ANIMAL LOVERS" IN OUR COMMUNITY HAD SET IT FREE. DONT GET ME WRONG, I DEARLY LOVE ANIMALS, BUT THESE PEOPLE HAVE NO CONCERN FOR OTHERS. THE ANIMAL CONTROL TOLD ME THAT SETTING A TRAPPED ANIMAL FREE CARRIED A VERY LARGE FINE IF THEY COULD CATCH THE PERSON DOING IT. SO FAR I HAVE NARROWED THIS PROBLEM DOWN TO ONE ELDERLY LADY, WHO, AS I SAID BEFORE THINKS HER AGE EXCUSES HER FROM FOLLOWING THE RULES. |
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NicoleO4
Posts:0
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| 07/13/2008 8:41 AM |
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CAPS MEAN YOU ARE SCREAMING SISTA!
First of all.. if you do not have anything in your guideline or cc&r's that prevent feedings of strays.. you are at a loss! Anyone can feed an animal if they so desire wihout enforcement. You can not enforce something that is not a rule or a cc&r.
My suggestion? Change your rules... otherwise you are just farting in the wind and any old lady can feed anything she wants.. besides.. stray cats keep birds away.. becareful of what you wish for. LOL |
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