Peacock problems

Started by JoanneA • 11 replies • 3053 views

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JoanneA (Florida)
Posts: 19

Posted:

Has any HOA dealt with peacocks causing damage to cars? We had an incident in our neighborhood where a homeowner states that a male peacock scratched and damaged her car. She wanted the HOA to pay for this damage. Of course, we did not, as the bird is not included in either our insurance or her insurance, I believe. Now several residents want all the peacocks taken out of the development. Many residents do not agree with this solution. As a board member, I need some help in making a decision on this matter. Should this situation be put into the hands of the homeowner and have them accept the responsibility of hiring a trapper and removing that particular bird? Can the HOA be held responsible for future damage to property by peacocks? Can the HOA be sued because we don't pay for the trappers? Any info would be certainly appreciated.

PeterD3 (Florida)
Posts: 708

Posted:

From what I have read the are not flightless but prefer not to. If that's true I can't see how the HOA could ever be responsible.

Similar to the HOA not being responsible to vandalism/burglary to personal property.

However I've heard they tase like chicken!

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If the peacocks are causing property damage, they need to go. I know nothing about peacocks, but if you need to hire a trapper to get rid of them, do it.

She must not have adequate insurance if her car isn't covered for this. Now that she has notified you, and you do nothing, its possible she could sue the HOA for damages to the car and the judge would likely award them to her.

It would be no different than any other pest problem that can be easily remedied.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Peter you are too funny … They are too pretty to eat!!!

Joanne … What do your documents state with regards to what the HOA is responsible for maintaining. If the HOA did not bring in peacocks and “wildlife control” is not part of HOA service then I agree with Peter that this would fall into the same category as a burglar attempting to break into her vehicle and which is not the responsibility of the HOA.

If peacock responsibility is not described in your documents then the homeowner can track down the “wild animal” themselves and pay for said service or better yet … maybe cover vehicle with a car cover to protect from the errant wildlife.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Joanne,

Contact animal control and see what they can do and what advise they might have. Run the advise in your newsletter.

It's obviously an issue within your Association. This is the least the Association can do.

If it's a huge issue that is causing problems, call a special meeting and ask animal control to attend and answer questions. If the residents want something done discuss a special assessment in order to do something as the budget wouldn't typically include such an issue.

Tim

DonnaS (Tennessee)
Posts: 5,671

Posted:

Joanne,

I lived very near to Jensen Beach where they had a huge Peacock problem a few years ago from birds that were brought in by actress Francis Langford. There were court cases involving those who wanted the birds to stay and those who hated them. Check some of those Fl court cases out.

Animal cControl will not remove the birds within the HOA as this is private property. You will need to hire a trapper to catch them but then what? Where do they go? It will be hell if those birds are killed so you need o find out what will happen to them after trapping before you pull the trigger.

The HOA is NOT responsible for damage claims from the birds unless there has been complaints filed prior to the damage reported. This would be a personal insurance claim. If there had been a filed complaint against the birds and the HOA did nothing about them, then the HOA could be responsible.

These are wild birds, therefore the HOA is not responsible for their behaviors.

PeterD3 (Florida)
Posts: 708

Posted:

Donna your response is confusing.

In one paragraph you say No HOA resp. unless a prior complaint is made.

Then at the end you say No resp. because they are wild.

How does a prior complaint IN THIS SPECIFIC CASE convey responsibility at a later time?

I could see if I complain about a clogged storm drain and nothing is done then experience a flood as a result.

But what if I complain birds poop on my car when roosting on a balcony guard rail, the HOA must correct the problem or be responsible for washing my car?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Peter,

Let me try again. I said..."The HOA is NOT responsible for damage claims from the birds unless there has been complaints filed prior to the damage reported. If the birds poop on cars and the paint comes off, not until someone complains about them does it become the responsibility of the HOA to remove them.

If there had been a filed complaint against the birds and the HOA did nothing about them, then the HOA could be responsible. And I stress COULD BE.

These are wild birds, therefore the HOA is not responsible for their behaviors.", like squacking, pooping and other annoying stuff.

JanetB2 (Colorado)
Posts: 4,219

Posted:

I think this is just one of those instances where someone is trying to get an HOA to pay for something they are not responsible for paying or maintaining, instead of paying themselves out of their own pocket.

Unless it is in the documents the HOA should not get involved in this situation. If in the future they want to become “wildlife monitors” and the members amend their documents to do this, then it would be the HOA’s problem and liability. Per the OP even when they checked with HOA insurance the company stated not covered …

If the HOA gets involved they will be setting a precedence which could come back at them down the road, if this happens again in the future. Be careful about stroking feathers and offering perks that are not our HOA’s responsibility.

RobW (California)
Posts: 279

Posted:

I'm with Peter. I say have a big BBQ and invite all the neighbors.

Rob

BarbaraD6 (Florida)
Posts: 347

Posted:

Joanne,

A resident brought 4 ducks into our townhouse community and we paid to have them removed. They were residing under cars,on porches, etc. we felt it was a liability issue, so we took action.We couldn't prove(we of course had the "rumor mill") what resident brought them in so the association never got reimbursed.

Barbara

DJ1 (Ontario)
Posts: 798

Posted:

Call up Katy Perry. She wants to see you peacock.

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