Homeowner dismayed as strict HOA forces them into impossible decision: 'Directly prohibits tampering'

One Colorado homeowner was placed in an impossible situation when their homeowners association tried to force them to remove Christmas lights that had a hummingbird nest attached.

It sounds like something out of a Hallmark movie, but the original poster shared photos for proof.

"The nest had a mom with eggs and then baby hummingbirds," said the original poster. "Technically the nest was attached to a separate set of hanging lights, but the Christmas lights were directly plugged into those lights literally inches away from the nest. Attempting to unplug or move the Christmas [lights] would with 99% certainty have caused the nest to fall or tip over and knock the babies out."

But the uncaring HOA did not take that into account when assessing their fines. "My HOA is attempting to fine me $300 per month plus late fees for having Christmas lights on my patio [past] the 'season'. So $1300 total," said the original poster.

But this isn't the first time that an HOA has taken action against birds in the neighborhood. In fact, one HOA president even acted directly, allegedly destroying goose eggs on video despite the fact that such an act would be illegal.

In this case, the original poster was clearly aware that this nest would also be protected by law. 

"Would disturbing the nest be illegal under the migratory bird treaty act? Certainly taking the nest down would be illegal," asked a commenter.

"Yes correct," replied the original poster. "The migratory bird act directly prohibits tampering with the nest of hummingbirds while active. And the nest was active the entire duration the fines happened. As soon as the babies left I took the lights down."

Fortunately, most HOAs have clearly defined processes for challenging unfair decisions or changing the rules. If petitioning the leadership doesn't work, rallying support from your neighbors often will. That's especially true when the law is on your side.

Should homeowners associations be able to determine what you grow in your garden? Yes 💯 Only if it impacts your neighbors 🏘️ Depends on what you're growing 🌼 Heck no 🙅 Click your choice to see results and speak your mind.

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