Dealing with a neighbor’s noisy bird can be a tricky situation for any HOA. Birds are beautiful creatures, but sometimes their loud calls or singing can disrupt the peace of a neighborhood. Board members of an HOA must understand how to address noisy bird complaints that come from homeowners. Sometimes, they might not need addressing at all.
How to Deal With a Neighbor’s Noisy Bird
When a neighbor’s noisy bird becomes a problem, it is important to handle the situation with care. Before anything else, board members must check if a violation has occurred. They can do this by checking state and local laws as well as the association’s own policies. This way, the HOA board has better legal authority to address the complaint.
1. Check State and Local Laws
Before addressing a noisy bird complaint in HOA communities, the first step is to understand the laws that may apply. Noise ordinances can vary by city or county. However, they can provide some guidance on whether or not the noise levels from the birds are excessive.
Some areas have strict rules about noise, while others may be more lenient. If a neighbor’s bird is making noise during early morning hours or late at night, it is worth checking if the local laws have quiet hours. In certain places, there are even specific regulations about pet noise.
Of course, to report this issue to local authorities, homeowners may need to provide evidence. Plus, the noise usually must reach a certain decibel to be considered excessive or disturbing.
2. Check Noise Rules and Pet Policy
Homeowners associations often have noise rules in place to ensure that all residents can enjoy peace and quiet in their homes. Board members should check the HOA’s governing documents, specifically the CC&Rs and bylaws. These documents should contain any noise policies that the association has, including whether or not noisy birds fall under these policies.
Many HOA rules outline quiet hours, too. For example, homeowners may not be able to make excessive noise between the house of 9 p.m. and 8 a.m. Noise rules can vary, though, so it is important to check the HOA’s specific rules.
Apart from noise rules, the HOA may also have pet restrictions. Some associations only allow certain pets or breeds, while others don’t allow pets altogether. However, some places, such as California, prohibit HOAs from imposing a ban on pets.
If the community already has rules around noise or pets, they may help resolve the issue. However, if there are no explicit regulations addressing noisy birds, it may be harder to enforce a resolution through the HOA alone. In that case, the HOA may need to amend its documents to include such rules for future concerns.
No Violation? Here’s What to Do About Neighbor Birds Too Loud
In some cases, there may be no legal or policy violation, but the noise is still disruptive. If there’s no formal violation, the HOA can still help resolve the situation and improve neighbor relations.
1. Encourage Homeowners to Communicate
One of the most effective ways to handle a neighbor’s noisy bird is through open communication. The board can encourage homeowners to speak directly with their neighbors about the issue. Oftentimes, the bird owner may not even realize how loud their bird is being.
A friendly and calm conversation may lead to an easy resolution. The bird owner may be willing to make adjustments, such as bringing the bird inside during noisy periods or moving the bird’s cage to a quieter location.
2. Dispute Resolution
If direct communication doesn’t work, the HOA board can implement its internal dispute resolution process. This is a formal process that involves all parties, with the HOA attempting to act as a mediator.
Other ways to resolve the issue is to use alternative dispute resolution (ADR), which includes mediation and arbitration. Keep in mind that ADR tends to cost money, as there is a need to hire a professional mediator or arbitrator. However, it is much cheaper and speedier than a lawsuit, which can happen if things escalate.
What to Do in Case of a Violation
In other cases, the neighbor’s bird may be in violation of state or local laws or the HOA’s rules. When a violation occurs, it is essential to address the issue through the appropriate channels.
Here’s how to deal with noisy bird issues in HOA communities if there is a violation.
1. Report to Proper Authorities
If the noisy birds are violating local noise ordinances, the first step is to report it to the proper authorities. The HOA should, of course, attempt to resolve the issue in-house first.
However, if the HOA is unable to resolve the issue, it may be necessary to contact local authorities. This could involve filing a formal complaint with city officials or animal control services if there are concerns about animal welfare or excessive noise.
2. Go Through the HOA Violation Process
If the noisy bird situation is deemed a violation of HOA rules, it is important to follow the HOA’s violation process. Typically, this will involve sending the offending homeowner a formal notice detailing the violation and requesting corrective action. The HOA may ask the homeowner to address the noise problem by adjusting the bird’s living situation, taking it inside at certain times, or making other accommodations.
If the homeowner doesn’t comply with the request, the HOA may issue additional warnings or fines. This will depend on the rules outlined in the association’s governing documents. In extreme cases, legal action may be necessary, though this is typically a last resort.
Hard But Not Impossible
Addressing a neighbor’s noisy bird can be a difficult but manageable situation for an HOA. However, board members can resolve the issue amicably by following proper procedures and encouraging communication. Professional help may sometimes be necessary in the form of mediation or arbitration. However, such forms of dispute resolution are preferable to legal action, which can drain both time and resources.
Elite Management Services offers expert HOA management services, including legal assistance, to homeowners associations and condominiums. Call us today at (855) 238-8488 or email us at help@emspm.com to get started!
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