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DavidP29 (California)
Posts: 100
Posted:
So we have a big Karen who takes things to the next level very often in simple conversations that wants a hearing about bird noise.

We are in a condo building and her bedroom and balcony is 40ft from two other units that both have birds.

She is complaining that they are too loud all the time. I guess one unit has 4 or 5 small birds and the other unit has a talking peacock.

The birds are not always out but they are out enough to bother her.

In the past she went around to get a petition to complain as she couldn't believe she was the only one.

Now that she has requested a hearing she is talking again about going around and telling others when the hearing is to attend or get a petition.

MC told her she could not invite others to hearing.

Suggestions on how the board should handle the issue?

The two units with birds are actually renters. I don't believe renters are normally included to hearings with the owners. She actually knows one of the owners and his renter is taking advantage of Covid eviction and not paying rent.

I honestly don't think she is happy until they move out.

Tried to up section in CCRs about pet noise but site won't upload it but basically says can't have pets noise that
Results in obnoxious or is an annoyance
AugustinD
Posts: 3,698
Posted:
I cannot tell. Is the complainant a "Karen" (meaning cries wolf) or is there a real issue here?
DavidP29 (California)
Posts: 100
Posted:
Quote:
Posted By AugustinD on 01/14/2022 5:03 PM
I cannot tell. Is the complainant a "Karen" (meaning cries wolf) or is there a real issue here?

I guess that is the question. If only one person is complaining and demanding hearing then do we have an issue or just a Karen.

AugustinD
Posts: 3,698
Posted:
The part that got my attention in particular was the peacock. They can be quite noisy.

If I were on this board, I would ask for further investigation, a.k.a. the manager and a director hanging out for a bit when the complainant says the peacock is making noise.
LoriM15 (Florida)
Posts: 1,009
Posted:
Check your bylaws. Ours say that anything other than domestic birds are not allowed. Peacocks are not domestic birds. And they are big - how can they keep it in the house?

This "Karen" may be a pain but having lived in a single family home, no shared walls, with a neighbor that had a cockatoo I feel her pain. That darn bird was so loud we could hear it clearly with all the doors and windows closed!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Peacocks talk? We used to call them "Pea fowl". Are you sure it's a peacock and not a Parrot or Cockatiel? Will say of the smaller birds, "love birds" are the noisiest. Had a friend that had some and man they noisy. My current neighbor think has/had some birds. Heard them whenever the garage door was open.

The HOA can't really do anything about what is INSIDE someone's house. Plus there is typically a list of what consitutes as "domestic" animals. Cat/Dogs/Fish/Small birds typically are allowed. It's when you get into the "Farm animals" it crosses a line.

I would just let the person complain away. Have their meeting and let them talk. Nod your heads and table it. Can say the HOA will send the owner a letter letting them know about the complaint. The HOA can't evict anyone's tenants. They can't fine a tenant. All communications go to the owners. Let them deal with it as a neighbor to neighbor issue. Otherwise, your giving what this person wants. Which isn't what anyone else wants.

Former HOA President
DavidP29 (California)
Posts: 100
Posted:
Quote:
Posted By MelissaP1 on 01/14/2022 5:53 PM
Peacocks talk? We used to call them "Pea fowl". Are you sure it's a peacock and not a Parrot or Cockatiel? Will say of the smaller birds, "love birds" are the noisiest. Had a friend that had some and man they noisy. My current neighbor think has/had some birds. Heard them whenever the garage door was open.

The HOA can't really do anything about what is INSIDE someone's house. Plus there is typically a list of what consitutes as "domestic" animals. Cat/Dogs/Fish/Small birds typically are allowed. It's when you get into the "Farm animals" it crosses a line.

I would just let the person complain away. Have their meeting and let them talk. Nod your heads and table it. Can say the HOA will send the owner a letter letting them know about the complaint. The HOA can't evict anyone's tenants. They can't fine a tenant. All communications go to the owners. Let them deal with it as a neighbor to neighbor issue. Otherwise, your giving what this person wants. Which isn't what anyone else wants.

It may be a Cockatiel. Honestly not sure. I know it is one of those bigger birds.

It is funny that the two renters with birds ended up living right next to each other and by a person who hates the noise.
DavidP29 (California)
Posts: 100
Posted:
Quote:
Posted By MelissaP1 on 01/14/2022 5:53 PM
Peacocks talk? We used to call them "Pea fowl". Are you sure it's a peacock and not a Parrot or Cockatiel? Will say of the smaller birds, "love birds" are the noisiest. Had a friend that had some and man they noisy. My current neighbor think has/had some birds. Heard them whenever the garage door was open.

The HOA can't really do anything about what is INSIDE someone's house. Plus there is typically a list of what consitutes as "domestic" animals. Cat/Dogs/Fish/Small birds typically are allowed. It's when you get into the "Farm animals" it crosses a line.

I would just let the person complain away. Have their meeting and let them talk. Nod your heads and table it. Can say the HOA will send the owner a letter letting them know about the complaint. The HOA can't evict anyone's tenants. They can't fine a tenant. All communications go to the owners. Let them deal with it as a neighbor to neighbor issue. Otherwise, your giving what this person wants. Which isn't what anyone else wants.

"Dogs, cats, or other household pets" are allowed as Ling as you are not breeding them.
KerryL1 (California)
Posts: 14,550
Posted:
What about your noise nuisance clause in your CC&Rs. Ours don't allow loud noises of any kind pets or otherwise (condo bldg.). Pea fowl, whether peacock or peahen can be horribly noisy. It sounds like they're yelling "help!" "help!"

The owner is violating a covenant by allow a peacock because it cannot be defined as a "household pet." Don't your covenants say anything els about other types of pets?

You certainly can call the Owner to a hearing. And the the board can rule that the noise machine must go within xx # of days.

You may not call the tenant to the hearing; this is the owner's violation. And it is NOT a neighbor/neighbor issue OF covenants are being violated. However much she annoys you, she has a legitimate complaint o if you're citing yours docs correctly.

DavidP29 (California)
Posts: 100
Posted:
Quote:
Posted By KerryL1 on 01/14/2022 8:46 PM
What about your noise nuisance clause in your CC&Rs. Ours don't allow loud noises of any kind pets or otherwise (condo bldg.). Pea fowl, whether peacock or peahen can be horribly noisy. It sounds like they're yelling "help!" "help!"

The owner is violating a covenant by allow a peacock because it cannot be defined as a "household pet." Don't your covenants say anything els about other types of pets?

You certainly can call the Owner to a hearing. And the the board can rule that the noise machine must go within xx # of days.

You may not call the tenant to the hearing; this is the owner's violation. And it is NOT a neighbor/neighbor issue OF covenants are being violated. However much she annoys you, she has a legitimate complaint o if you're citing yours docs correctly.


No animal, livestock, or poultry except dogs, cats, or household pets.

Our CCRs and bylaws are from the late 70's

CathyA3 (Ohio)
Posts: 6,299
Posted:
Disclaimer: I'm a bird person, love 'em all.

Parrots are usually considered household pets. Cockatiels are the small grey guys with bright yellow and orange faces - cockatiels and budgies/parakeets are not very loud. The larger parrots, especially cockatoos and macaws, can be very loud and I would be concerned about them in an attached housing situation. Birds are active during the day - you won't hear them at night unless the owner is keeping them awake (a responsible owner makes sure parrots get about 12 hours of sleep per day).

When we had noise complaints, we always wanted verification. One complainer was not enough to make us take action - we wanted verification in the form of complaints from at least one other owner or the board witnessing the violation.

Our attorney also told us that attached housing means accepting a certain amount of noise. The trick is deciding what is "reasonable". As I'd mentioned, cockatiels, budgies and some of the smaller parrots are fairly quiet, and are suitable for attached housing unless you own more than 2-3. Cockatoos and the bigger macaws could be a problem, though. I probably wouldn't be bothered by one next door unless the owner kept the bird outside on a patio/deck or the noise continued at night - but beyond that even I would say it's a problem, and I love bird "chatter".
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It should be noted that a "Peacock/Pea Fowl" is that bird that has a full display of feathers on their backsides. They are NOT what one would call a "domesticated" bird. Think their "fan" can go up to like 25 feet. So don't think someone has one of them inside their home.

My bet this is a Cockatiel, parakeet, Macaw, Parrot, or love birds. (Love birds little red/green birds). Those fall under the domestic bird definition. So these renters aren't in violation of the rules of ownership.

This is neighbor versus neighbor thing. I would keep the HOA out of it overall. Loud sex could be considered offensive as well if this person keeps the bird noises as an example.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It should be noted that a "Peacock/Pea Fowl" is that bird that has a full display of feathers on their backsides. They are NOT what one would call a "domesticated" bird. Think their "fan" can go up to like 25 feet. So don't think someone has one of them inside their home.

My bet this is a Cockatiel, parakeet, Macaw, Parrot, or love birds. (Love birds little red/green birds). Those fall under the domestic bird definition. So these renters aren't in violation of the rules of ownership.

This is neighbor versus neighbor thing. I would keep the HOA out of it overall. Loud sex could be considered offensive as well if this person keeps the bird noises as an example.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
David

Look up benign neglect. Listen, smile, nod, do nothing.
CathyA3 (Ohio)
Posts: 6,299
Posted:
More thoughts:

The term "household pets" is pretty broad and the definition changes over time. In the last year or so an HOA in my state lost a battle over a pot bellied pig. (Owner claimed that since she was from Vietnam and pot bellied pigs were considered pets in her country, the HOA was discriminating against her based on her ethnic origin. Or something. I have no opinion on this.) Exotic animals like reptiles are also kept as pets. I think even chickens would be OK if they're being kept indoors - it's when people have chicken coops outdoors that it gets to be a problem and/or they have a rooster (hens make very little noise).

Your board is going to have to come up with some guidelines on what is considered "reasonable" in attached housing, and that's not always easy to do. You might be able to make some rules based on decibel readings. But keep in mind that a barking dog may exceed the readings, and if you go after the birds then you'll have to go after the dogs too.

If your "Karen" is the only one complaining, then the birds probably are making an acceptable level of noise. In my community, the board would probably try to see if they can hear anything, but if not we wouldn't send a violation notice. Ultimately, noise perception is subjective, and what bothers one person won't bother someone else. Just because someone is annoyed doesn't mean that there is a problem.

Also, the "Karens" of the world don't stop. If she gets her way over this, she'll be on to the next thing that annoys her - so you may as well prepare to deal correctly with her right now. In general, people who stir up trouble are looking for the emotional payoff they get from fighting. The board's job is not to give it to them. All communications should be brief, bland, and boring: facts only, in writing, and you don't re-visit the issue after it's been dealt with. You have to be consistent and stick with it, but eventually the trouble makers will realize that they're not getting what they want and will take their act elsewhere.

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