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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My HOA wrote me a letter to remove bird feeders in my

Customer Question

My HOA wrote me a letter to remove bird feeders in my backyard, due to "no noxious, offensive or illegal activities within the Project that may be or may become an annoyance or nuisance to the residents of the Project." Is this legal?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 6 months ago.
It is legal for the HOA to have and enforce this rule IF it is in the bylaws and is part of the terms you agreed to when you bought into the association.
Expert:  Roger replied 6 months ago.
However, whether bird feeders would qualify as a noxious, offensive or illegal activity is something that is very subjective.
Expert:  Roger replied 6 months ago.
I assume he allegation by the HOA here is that the bird feeders may attract birds to the project, and the abundance of birds may be an annoyance or nuisance to residents........
Expert:  Roger replied 6 months ago.
IF the HOA believes that this is the case, then you'd have a hard time combating their position UNLESS others have similar bird feeders and have not been required to remove them. In that case, them coming after you would be considered selectively enforcing or applying rules, which would not be legal.
Expert:  Roger replied 6 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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