Deer Problem..

Started by MichelleK5 • 19 replies • 2303 views

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MichelleK5 (New York)
Posts: 161

Posted:

Ok, so you guys have helped me before with my crazy neighbor who's also on the board, or as he likes to say "I am the board", now I have another question-

Same neighbor loves to feed the deer. From what I've seen it's at least twice a day.

Issue is they're so used to it, they've tried walking up to me to get fed. They also hang out on our property without any fear. This goes
on all day long.

This has become so stressful that I can't enjoy my own yard- front or back. I also can't let my dogs out without a lead on my own property.

Fences are not allowed even though after a fight, we did get them to approve a small area in our backyard. Problem is it's only 4' and doesn't deter dear.

This has become so stressful for me, I actually started seeing someone for it.

He's not going to stop, and they're not going to let me fence my property. What can I do? Any ideas?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Animal control not an HOA issue. Many states have laws against this. They are responsible not your neighbors. Call them to investigate and to find other options. Not the HOA problem again.

Former HOA President

MichelleK5 (New York)
Posts: 161

Posted:

I did contact the DEC as it says on their site that it's not legal.
However, apparently there was a lawsuit a few years ago where the judge ruled it was within a homeowners right to feed deer on their property.
The DEC said they just haven't updated their site.

She told me they do not recommend it but there's nothing that could be done currently to stop it.

GlenL (Ohio)
Posts: 5,491

Posted:

A hunting license and a 30-06 or a good bow if you prefer to go old school will take care of the problem. Until deer season, after you contact animal control, you might want to do a web search on deer repellents.

Studies show that 5 out of 4 people have problems with fractions

MichelleK5 (New York)
Posts: 161

Posted:

That's why I want the fence, and that's where the HOA comes in. They won't allow it even though what he's doing is having an effect on my property.

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By GlenL on 12/15/2015 4:14 PM
A hunting license and a 30-06 or a good bow if you prefer to go old school will take care of the problem. Until deer season, after you contact animal control, you might want to do a web search on deer repellents.

That's what my husband wanted to do but deer hunting isn't allowed within the HOA either. Oy, I get anxious just thinking about this mess.

TimB4 (Tennessee)
Posts: 21,062

Posted:

There is deer repellant that can be purchased and shaken onto the lawn.

It will likely need to be reapplied after it rains.
I don't know if they work but I've found stuff that is similar to deter dogs and that works.

GenoS (Florida)
Posts: 4,276

Posted:

It is illegal in New York according to this DEC webpage. See if you can find the closest game warden anywhere nearby. Also known as ECOs (Environmental Conservation Officers), game wardens in the state of New York are some of (if not the most) empowered law enforcement officials in the state. I have that on good authority from a Riker's Island correctional officer.

Whether or not he or she would be able to help you is something you could ask about. Feeding deer is illegal outside of a few exceptions. Surely if something is illegal in state law it's automatically illegal in an HOA as well, no? Don't state laws trump CCRs and other governing documents?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By GenoS on 12/15/2015 11:42 PM
It is illegal in New York according to this DEC webpage.

To clarify, feeding is illegal per that web page, not the use of repellents.

MichelleK5 (New York)
Posts: 161

Posted:

@GinoS @TomB4

I called DES hoping to get something in writing from their office that I could show my neighbor.

Turns out it's not exactly illegal. A home owner took it to court where a judge ruled the homeowner was perfectly
within their rights to feed on their property.

DES just hasn't changed the information on their site. Was told they couldn't do anything.

I'm gonna try the repellent. Hope it doesn't repel my dogs.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MichelleK5 on 12/16/2015 6:06 AM

I'm gonna try the repellent. Hope it doesn't repel my dogs.

I found that the smaller nurseries had more selection and more knowledgeable individuals on the subject then the big box stores.

A feed store would also be a good option.

GreggT (Florida)
Posts: 77

Posted:

Wish he was my neighbor, I love to see the deer! By the way, your dogs should not be out without a lead anyway. This should not be difficult, just plan on taking your dogs out between feedings, if one shows up your dog is being restrained, no big deal.

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By GreggT on 12/16/2015 9:16 AM
Wish he was my neighbor, I love to see the deer! By the way, your dogs should not be out without a lead anyway. This should not be difficult, just plan on taking your dogs out between feedings, if one shows up your dog is being restrained, no big deal.

I have a one acre property, my dogs can absolutely be on my property without a lead. It's not like we leave them alone outside. They're only out when we're out.

The issue with the deer is they're not scared of humans. They'll hang out on my property and don't leave when they see us come out. There have been plenty of times when they'll even start
walking up to us in hopes of getting fed.

They are there on and off all day long. On my property, on my neighbors property and the neighbors across the road (the ones across the road live in Fl most of the year though so they tolerate it.)
They wait to get fed, then hang out hoping for more. It's not like they come at 9 am, eat, leave and come back at dinner time. They're not on a feeding schedule that I can work around..lol..

To be honest, it's a terrible idea to feed wild life. You want them scared of humans. The ones that aren't are the ones that get killed.

Like I said, I'll try the repellent. Hopefully, I'll get some results.

I have the right to enjoy my property just as much as he has the right to feed the deer. I'm willing to work on a solution, what I'm not going to accept is, "just deal with it."

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By TimB4 on 12/16/2015 7:06 AM

Posted By MichelleK5 on 12/16/2015 6:06 AM

I'm gonna try the repellent. Hope it doesn't repel my dogs.

I found that the smaller nurseries had more selection and more knowledgeable individuals on the subject then the big box stores.

A feed store would also be a good option.

We're heading up this weekend and I'll check out them out. Fingers crossed this works.

GenoS (Florida)
Posts: 4,276

Posted:

The 2009 court case in Sullivan County resulted in a limited precedent. According to a DEC spokeswoman, the decision invalidates the law in Sullivan County only and, "the regulation has not been declared invalid elsewhere in the state. The DEC believes the state’s law on deer feeding is clear."

Good luck to you.

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By GenoS on 12/16/2015 1:01 PM
The 2009 court case in Sullivan County resulted in a limited precedent. According to a DEC spokeswoman, the decision invalidates the law in Sullivan County only and, "the regulation has not been declared invalid elsewhere in the state. The DEC believes the state’s law on deer feeding is clear."

Good luck to you.

@GenoS That's exactly the problem. Guess which county our house is in? Yeah, I'M SOL with this law.

Thank you, I wish us luck too!

GenoS (Florida)
Posts: 4,276

Posted:

Oh snap! Of all the counties in NYS you're in that one. That judge equated feeding deer (which is bad for both the deer and people) with constitutionally protected free speech. Yikes, not a judge I'd be voting for. And some people think all the tree huggers are on the west coast... not.

BobD4 (up north)
Posts: 1,002

Posted:

Michelle K5 (NY)

1 - maybe under-mentioned is that the proliferation of white tailed deer are excellent hosts and a major factor for the spread of TICKS transmitting deadly Lyme disease. Next door to your state, we are seeing lots of dogs & people affected. City people may not like it, but a humane deer hunt serves more than just our farmer neighbours whose food we all need.

Lyme disease, also known as Lyme borreliosis, is an infectious disease caused by bacteria of the Borrelia type. see https://en.wikipedia.org/wiki/Lyme_disease

Lyme Disease and White-tailed Deer
http://www.michigan.gov/emergingdiseases/0,4579,7-186-25890_26140-75872--,00.html
quote : "Research shows that reducing the deer population in an affected area to a level of 8 - 12 deer per square mile virtually eliminates ticks and Lyme Disease in humans"

2 Take a look at where your condo/HOA's powers lawfully include attempting to ban deer-feeding. Enforcement is a different matter, however . . .

3 A rule-defiant seagull feeder was hit with over $150 K in adverse arbitration & legal awards after a 10 year battle with his (condo-type) multi story corporation in Vancouver B.C. ( Blackmore et al. v. Owners, Strata Plan VR-274,, 2004 BCSC 97 issued Jan 15 2004 http://canlii.ca/t/1g866 )

( The zinger legal quote from the judgment against the seagull feeder's appeal of the arbitral award : " . . . . [12] So much for the proposition that arbitration is less expensive than proceedings in court or the proposition that arbitration provides a reasonable means of resolving disputes of this kind. . . " )

ValK2 (Tennessee)
Posts: 65

Posted:

At what point do deer who will walk up to you looking for food become pets?

And what do your CCR's say abut pets?

Worth looking into if the 'state' nor the HOA won't act.

NONE of the repellents are effective. Some may work for a brief period of time, but mostly they are a waste of money.

I have lived in "deer country" at two different locations. They are an enormous (and disease laden) PIA that eat everything in sight. They certainly don't need to be encouraged by someone feeding them (although that happens in my current community too).

PitA
Posts: 1,416

Posted:

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