A Sugar Land community is getting frustrated with what they said is lack of action by their HOA president in removing an alligator. People who live in the New Territory community called KPRC 2 about a nearly 7-foot long alligator roaming their neighborhood for nearly a week. Read the article………………………..
Residents at Miami’s Nirvana condominium complex concerned about crocodile sightings (FL)
A community is raising safety concerns after spotting a crocodile roaming in the waters of their backyard. They say the reptile is too close to where dogs and kids play. “It’s scary. It’s of course scary,” said a woman. “There’s a big croc here, and it’s potentially dangerous for dogs and the kids,” said a […]
Residents of Woodson Bridge Estates in Corning concerned over growing feral cat colony (CA)
“We have probably 50 give or take feral cats running around that evidently didn’t exist before but are now being fed by several maybe a half a dozen residents that unfortunately are leaving messes in everybody’s yard.” Read the article………………………..
Family says man-made ponds responsible for womans death (alligator) (SC)
A South Carolina woman’s family has sued the developer of the retirement community where she lived claiming the facility’s decision to install ponds led to her tragic death. Read the article………………………..
Feral hogs pose real issue for McKinney homeowners (TX)
According to Texas Parks and Wildlife, if left unchecked, a feral hog population can triple in just one year. With no known predators, the hogs will continue to have the upper hand, and the damage to golf courses, lawns and gardens can get costly—quickly. Read the article………………………..
Myrtle Beach neighborhood concerned over removal of nearby alligators (SC)
Nearly a year after an alligator attack claimed a man’s life in the Myrtle Beach Golf and Yacht Club, those in the neighborhood are raising new concerns after hearing that alligators are being removed from a neighboring property. Read the article………………………..
Ford’s Colony neighborhood tackles Canada goose population issue (VA)
Ford’s Colony near Williamsburg is pursuing a third option. Like most communities built around golf courses, Ford’s Colony has hundreds of resident geese. Instead of repeating the endless cycle of ignoring and then culling the geese, the homeowners’ association teamed up with the country club to try to keep the goose population from growing beyond […]
Is There Liability for Dangerous Wild Animals in Your Community? (FL)
With the ever-increasing development in Florida, especially in South Florida, we are once again reminded that we live in close proximity to a number of native, exotic, invasive, and at times dangerous wild animals. Tragically, and all too recently, in St. Lucie County an 85-year-old woman died while trying to rescue her dog from an […]
Are Your Pets Good Neighbors?
You try your best to be a good neighbor: you put your trash bins out on the right days; you keep your property neat and well kept; and you respect community areas and the people in them. You are a good neighbor—but what about your pet? Read the article………………………..
To Keep Or Not To Keep: Navigating The Legal And Social Challenges Of Backyard Chickens In Michigan Condominiums
Keeping backyard chickens has become increasingly popular over the years as more and more people seek to live a sustainable and self-sufficient lifestyle. But is it legal for Michigan community association residents to keep chickens in the backyard of their condominium unit or subdivision home? Read the article………………………..
Building’s Pet Policies: Best Practices to Keep in Mind
Having a well-defined pet policy in your building is essential for preserving harmony between all residents. Pets can be a source of joy and love, but also a potential source of conflict if not properly managed. To ensure that all residents are able to live peacefully and comfortably, it’s important to set up some ground […]
Tips For Managing Stray Animals & Wildlife In HOAs
Animals are an essential component of nature, and in a homeowners’ association (HOA), their presence can add to the beauty and aesthetic of a community. From ducks in a community pond to a surprise deer sighting, homeowners may have the chance to see a variety of creatures depending on where they live. Read the article………………………..
Know the pet rules when looking at condos (ON)
Most condominiums in Barrie are pet-friendly complexes, but with restrictions. The two main restrictions are the number of pets allowed in a unit and/or the pet’s size/weight. There are not many condominiums complexes in Barrie and the surrounding area that have a zero-pet policy, but they do exist. Read the article………………………..
Feeding Stray Animals Is a Problem (FL)
The feeding of stray animals and wildlife is becoming a big problem for a lot of communities. Animals, left unchecked, may leave behind huge messes with getting into garbage cans or dumpsters and leaving it strewn all over the community, becoming roadkill, as well as the possibility that the animals can carry diseases and possibly […]
Florida Wildlife Commission’s letter to Rock Springs Ridge HOA President warns against developing gopher tortoise conservation area
The Rocks Springs Ridge Homeowners Association continues to pursue a land swap deal that involves trading the 51-acre gopher tortoise conservation area on Kelly Park Road in exchange for the RSR Golf Course lands owned by The Golf Group. Read the article………………………..
How To Deal With Wild Animals In HOAs (OH)
It is not unheard of for wild animals to visit an HOA neighborhood. This is particularly common for communities in mountainous areas, forests, or near nature preserves. And depending on the environment, there are several wild animals an association and its homeowners may encounter. But, beautiful and majestic as they are, these animals can bring […]
Whose responsible if there’s a gator in your lake? (FL)
In the wake of Monday’s deadly alligator attack in the Spanish Lakes Fairways community, residents across South Florida are trying to figure out who is responsible for dangerous wildlife in their neighborhoods. Read the article………………………..
Ducks ruffle feathers among Mooresville neighborhood’s HOA (NC)
The neighborhood HOA’s attorney says the controversy started two years ago, when a former board member wanted to add more ducks to the pond. He said without any approval, that member went ahead and spent $2,500 of HOA money on 10 ducks and food. Read the article………………………..
Arizona lawmakers move to allow more backyard chickens (but not in condo’s/HOAs)
State lawmakers are trying to make sure you have that opportunity — but only if you live in a single-family detached home — and one that isn’t located in a homeowner association. Read the article………………………..
Deer In Senior Communities A Nuisance (NJ)
Residents of the senior communities move there for the quiet and serenity. That’s what deer like about it, too. And they were there first. Read the article………………………..
Ruff reality: 5 ways to resolve your pet waste problems
Classified alongside pollutants from vehicles, pesticides, and more, pet waste is considered highly toxic and a nearly never-ending nuisance in community associations. “Not only is dog waste unsightly and unpleasant, it can be dangerous if it’s not properly removed,” says Diana Kavadias of pet waste removal service DoodyCalls. Read the article………………………..
Condo rules for animals vary widely
When my clients are considering the purchase of a condominium or cooperative, they initially have three association guidelines on their minds: the rental policy, the renovation policy, and the pet policy. Read the article………………………..
Second Department says HOA Board Pet Restriction has to be a Declaration Amendment (NY)
The appeals court which governs over Brooklyn, Staten Island and Long Island, just issued a decision holding that the Meadowbrook Pointe Homeowners Association, Inc.’s rule that dogs greater than 25 pounds can’t be on the association premises, was unenforcible and should have been done by an amendment to the HOA’s Declaration. That would have required […]
Palm Coast resident struggles against aggressive feral hogs (FL)
Palm Coast is a Flagler County city of some 75,000 people located north of Daytona Beach, and while residents like Bart Kaplan enjoy keeping a well-manicured yard, they say keeping it that way has become a challenge lately thanks to feral hogs. Read the article………………………..
Grand Haven community clashing with HOA over wild pigs (MO)
Residents at The Crossings at Grand Haven are facing a wild pig invasion. Their HOA, they say, isn’t doing enough to address the issue. Read the article………………………..
What’s happening to the ducks? It’s a mystery at a Broward County condo (FL)
Domenico Capurso wants to know what’s killing the Muscovy ducks at his Dania Beach condo complex. “It’s a very cruel death whether it was foul play or not,” he said. There’s been at least half a dozen found dead in the past week. Read the article………………………..
Know Your HOA Pet Policy To Avoid Issues
Homeowners associations are known for imposing strict rules that preserve the character of the community. And, in between architectural guidelines and maintenance obligations, one of the most popular is an HOA pet policy. Read the article………………………..
Morgan Hill Community Still Dealing with Wild Pigs Problem (CA)
The people who live in the hilltop communities in Morgan Hill said they are definitely frustrated with the damage and mental stress caused by the wild pigs. As the problems and the size of the packs, keep growing. Read the article………………………..
Florida man, 89, fights off wild hogs while walking dog in Palm Coast neighborhood
An 89-year-old man wants change in his Palm Coast neighborhood after he was attacked by two wild hogs while taking his dog out for a walk. David Reisman tells FOX 35 the animals launched at him on his front porch at 8:30 p.m. on Nov. 8. “The first one jumped on me. The second grabbed […]
Breed Restrictions (AZ)
Pets are like members of the family, so any type of HOA restriction that places limitations on an owner’s right to keep his/her pets within the home can be met with serious resistance. Breed specific restrictions, which are a subset of pet restrictions, are also very controversial. In the context of a Condominium, certain breeds […]
Condo Column: An eggcellent idea? (NH)
I practice community association law. Most people think that means just condominium law, but it also includes homeowner associations, commonly called HOAs. Generally, in a condo association the owner owns their Unit and that’s it. The “yard” is actually owned by the Association as common area to be used by all. In a homeowners association […]
Homeowners in Chandler may soon get approval to raise chickens in backyard (AZ)
Lauren Schulmann with Chandler’s Planning Division said an overwhelming number of residents are in favor of having chickens as pets, to grow eggs or have some feathered companions. If a Homeowner’s Association doesn’t want chickens, they can vote not to have them. “If this does get approved, HOA’s still have the ability to prevent chickens […]
Holley By the Sea backyard chicken owners fear HOA may ban their feathery friends (FL)
Residents of the sprawling Holley By The Sea subdivision are crying “fowl” over recent steps by their homeowners association to limit, and some think eliminate, the keeping of chickens. Read the article………………………..
Brookfield cat hoarding, 73 need new homes (WI)
Hoskins said they first started getting calls about the property about a year ago. Neighbors were complaining about the smell from the condo next door. The Elmbrook Humane Society finally got permission to go inside the home on Aug. 31. The owner surrendered all 57 cats found in the 1,200-square-foot condo. Ammonia levels were so […]
Toronto lawyer wins the day for dog ousted by condo board (ON)
It’s not always the big dog that’s at fault — at least according to the owner of Stan the dog. Thanks to Toronto lawyer David Costa, a gentle old 90-pound Akita named Stan will get to continue living with his family in a downtown condo building. Read the article………………………..
Condo Column: An eggcellent idea? (NH)
“Noise proves nothing. Often a hen who has merely laid an egg cackles as if she laid an asteroid.” – Mark Twain I ran across an article recently that raised a thought I had never had, but which I thought might be of some service. But first, a step backwards before we move forward. Read […]
Ask The HOA Expert: Policies To Exclude Certain Categories Of Dogs
Question: Can the board enact a policy to exclude certain categories of dogs that are perceived to be dangerous such as rottweilers or pit bulls? Read the Q&A……………………………….
Should Raising Backyard Chickens In HOA Communities Be Allowed?
While uncommon, some homeowners do raise backyard chickens in HOA communities. But, is this even allowed? What can homeowners associations do about them? Read the article………………………..
The NC Court of Appeals Lays an Egg: Bryan v. Kittinger
The NC Court of Appeals, in a published opinion (i.e., the opinion is binding precedent), got egg on its face in the case of Bryan v. Kittinger. The Court begins its opinion by citing a New York case: “The issue is, what is chicken?” Read the article………………………..
Can Michigan Condominium Associations Ban Pets?
In a recent study, over 50% of Americans indicated that they were bothered by noise from their neighbors multiple times a year. Accordingly, whether you live in an attached condominium, site condominium, or a subdivision with a homeowners association, odds are that you may eventually have a noise issue with your neighbor. The most common […]
Recent attacks by ‘aggressive’ gators shake up Texas neighborhood where they’ve lived for years
Acouple of alligator attacks at Sugar Land’s Oyster Creek have rowers concerned for their safety and puzzled by the reptiles’ seemingly uncharacteristic behavior. Read the article………………………..
What Can The Board Do With Stray Animals In An HOA Community?
The problem of stray animals in HOA communities is a common one. But, there are some measures HOA boards can take to prevent strays from loitering and discourage residents from feeding them. Read the article………………………..
Wag more, bark less: Developing reasonable and enforceable pet policies
People consider pets as part of the family so it’s important for community associations to embrace that and document pet policies to ensure a positive and productive relationship for all. Read the article………………………..
Sit. Stay. Set standards: The most valid and enforceable pet restrictions are written in community declarations
When drafting or amending pet restrictions in community associations, it’s important to be familiar with local laws. It’s also essential to review your community’s declaration to ensure pet restrictions and rules can’t potentially be challenged by an owner as unreasonable. Read the article………………………..
Wild Hogs in Florida Are Tearing Up Lawns, Terrorizing Neighborhood (FL)
Wild hogs are terrorizing the Florida neighborhood of Sun City Center, digging up lawns and acting aggressively towards residents. The hogs are likely drawn to the area due to the mango trees, which provide food, as well as the nearby lake, providing water Read the article………………………..
Pet Policies and Assistance Animals: The New Normal for Community Associations (IL)
Among the many impacts the coronavirus pandemic has had on daily lives, two trends that have become part of the “new normal” include pet adoption and remote work. According to the American Society for the Prevention of Cruelty to Animals (ASPCA), nearly one in five American households “acquired a cat or dog since the beginning […]
Charlee Estates HOA facing lawsuit after family accuses pit bulls of killing dog (FL)
A family is suing the Charlee Estates Home Owner’s Association after their dog is killed in an attack by other dogs in the neighborhood. The owner of an 11-year-old Maltese named Toby says two pit bull mixs attacked and killed him. Read the article………………………..
Kelowna woman wins in $200 dispute with strata over barking dog (BC)
In a Civil Resolution Tribunal decision issued Friday, CRT vice-chair Kate Campbell sided with Elizabeth Woods in her dispute with her strata, agreeing the strata did not provide Woods with enough information to defend herself against the allegation that her puppy Willow “continuously barks during all hours of the day.” Read the article………………………..
Tips to Manage Pet Waste
We’ve all seen it. We’ve all smelled it. We’ve all probably stepped in it. Besides being gross, pet waste also is a hazard in your community. It was deemed by the Environmental Protection Agency to be a nonpoint source pollutant. It’s classified in the same category as toxic chemicals from motor vehicles, pesticides, and more. […]
HOA Restrictive Covenants Impacts (NC)
The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.” Read the entire article……………………………….