Changing HOA Covenants

Started by TamiC • 10 replies • 1382 views

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TamiC (Iowa)
Posts: 5

Posted:

Our 5 year old subdivision consists of 14 homes in a county/country setting. One of the latest move-ins decided to start trapping small wildlife on his property of the creek and river in the back of the subdivision. Multiple HOA members are concerned due to safety of children and pets that play and run in that area. Can our HOA Board make an amendment now to state no trapping within the HOA properties? (I am sure we will get our voting % required to pass an amendment.) And how do we enforce , with what repercussions, that amendment if we do pass it? Thank you from Iowa!

TimB4 (Tennessee)
Posts: 21,062

Posted:

Tami,

The process and requirements for amending your governing documents should be within those documents.

If the governing documents authorizes the Board to adopt rules and regulations for common areas, they could simply adopt such a rule and publish it.

Another option, and one that may be quicker, is simply to contact the local wildlife department and ask them to investigate the trapping and tell them your concerns.

TamiC (Iowa)
Posts: 5

Posted:

Thanks for suggestion Tim. I have contacted local County Sheriffs Department and local DNR. Both are supportive of our concerns but since it is his private property there isn't anything that can be done on their end. It would have to be done by the HOA Board if he continues to be uncooperative to our neighborly requests to pull his traps. I just don't know how to write up restrictions or how to enforce (with what repercussions) if we have to make a voted amendment to stop him from the potential of harming kids and pets.

AnnH5 (Florida)
Posts: 304

Posted:

If you were to pass an amendment, it would probably need to read something like "Trapping of native wildlife is not permitted on any lot unless to capture a nuisance animal. In cases where a nuisance animal must be removed from the lot, such trapping and removal may only be performed by a trapper who holds a current license." Because if you decide to prevent all trapping, what would you do if you needed to have an animal trapped and removed from your own premises?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By TamiC on 11/05/2013 4:49 PM

I have contacted local County Sheriffs Department and local DNR. Both are supportive of our concerns but since it is his private property there isn't anything that can be done on their end.

I am afraid you would get that same response in my state, also. I share your concerns.

With only 14 homes it should be easy to build a consensus and pass an amendment to your CC&R's.

TimB4 (Tennessee)
Posts: 21,062

Posted:

I appear to have missed the part about it being on his property vs. common area.
I believe that you will need to amend the deed restrictions (CC&Rs) to prevent that type of activity vs. just adopting a rule or amending the Bylaws.

TamiC (Iowa)
Posts: 5

Posted:

Understandable. We have had a mountain lion on my personal property over the last year and that has caused quite the ruckus also.

TamiC (Iowa)
Posts: 5

Posted:

Thank you everyone. I appreciate your input. I'm still looking to hear from others.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

how would trapping ON HIS PRIVATE PROPERTY endanger a child UNLESS said child were tresspassing ?

f/y/i: tresspassing is a criminal activity

imo: bad things may happen to a tresspasser

? problem ? what problem ?

TamiC (Iowa)
Posts: 5

Posted:

JohnB. There is a right of way on rivers. Rivers are public property and that includes the water and the embankment. So for example a boat going down the middle of the river and they can pull over on the embankment and sit and take a break on your property because so many feet off the waters edge are considered public property. Another example if I was walking down my property on the edge of the river I can continue my walk on his property on the edge of the river. That is where I don't want to have me, my grandchildren or my dogs stepped on his traps.

KevinK7 (Florida)
Posts: 1,343

Posted:

Does this person possess the appropriate license from the state? And are there any state hunting or trapping laws that may prevent the HOA from creating covenants regulating the act or that may supersede the HOAs authority?

I'm assuming something like this has not been addressed before by the state.

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