Condo Association Management Blog

Living in common certainly has it's challenges. I'd ask the homeowner whose love of wildlife is infringing on patio and deck to move the bird feeders after politely explaining the problem and your displeasure. 
 
Enforcing the no pets and no alteration of common areas is the responsibility of the board. Perhpas the survey is to see if enough homeowners are interested in changing the rules. With the whole world going green - growing your own veggies seems reasonable as long as the association is not responsible for restoring the property to the original condition.

Our bylaws do not allow pets and do not allow personal items are allowed in the common area. Ant changes to the common areas must be board approved-inclusive of additional gardens. Our board is responsible for enforcing the by laws. Good luck as it sounds like the residents are doing their own tthing without consideration of others-don't they see the mess that the birds are creating from using their feeder? Digging up the common area for any purpose is unacceptable-who is to say what portion of the common area is deeded to them?

I agree with Valentine. The board is supposed to enforce the bi-laws not look the otherway. It's the ole story give them an inch and they will take a mile. Let's be realistic one person can make a beautiful garden for years then move and you have a weedy mess that the association must now pay to fix. This is the reason for the bi-laws it stops people from doing what they want, because it affects everyone. If gardens are wanted let the unit owners vote and if 51 percent agree then have a designated space for such don't let people just do their own thing. We have one in a community I'm fighting against who thinks she's a gardner but she makes weedy looking messes and her back yard looks like a junk yard of strewn plant containers. She is totally in violation of the bi-laws and the board put her incharge of the landscaping committee? I feel for you but if you want to stop this sort of thing you have to get firm with the board and tell them they must enforce the bi-laws not pick and choose the ones the want. They can't go liberal and look the other way not wanting to upset anyone. To be honest all they have to do is let the management company manage and enforce the bi-laws. Once the board gets involved and starts deciding things you have a mess were a few nuts change all the rules regardless of if it is legal or not. Take pictures of your situation and then write a letter to management and the board and point out in the bi-laws where this sort of activity is not allowed. Let them send you the provision in the bi-laws that says it is, you can then take it to small claims court or your attorney general.

I am the originator of this subject. To add another thing, my next door neighbor even had mice on her deck from the bird seed from her bird feeder (that was allowed by the board.) I told the board about this, and they said that having mice on decks was not an association problem! We do not have a management company. In Minnesota the good news is we have multi-multi page acts/laws that concern community-owned property. The bad news is there is no State agency that enforces them which includes the attorney general - believe me, I have checked it out. My city does not want to get involved nor the county because community-owned property is private. Even the Minnesota Department of Health won't get involved for the same reason even though they have emailed me documentation about the bacteria and viruses bird droppings have, mice have, and the mosquito breeding grounds of bird baths from stagnant water. I have given this documentation to the board, and they still want to do a survey to allow bird feeders.