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CathyA3 (Ohio)
Posts: 6,299
Posted:
One of my fellow board members asked about keeping a bee hives on his rear patio (limited common elements). I don't think we can allow this, but I wanted to see what others say.

What I know:

* HOAs with privately owned lots will be treated differently where everything outdoors is common elements.

* Zoning regulations are important, so we need to check that. I did find info about zoning in the state capital (bee hives can't be kept on lots smaller than 1 acre). Some state laws do allow HOAs to regulate bee hives if someone living within a certain distance is allergic. (That sounds like an enforcement nightmare in condos where residents come and go.)

* Insurance treats man-made hazards (a bee hive) differently from naturally occurred ones (a random bee flies by).

Frankly I'm more concerned about danger to the bees. Our landscapers spray stuff and work close to where a hive would sit, and probably disturb the bees. We occasionally power wash the siding to get rid of algae. We're going to begin replacing roofs this year.

Any comments and advice would be appreciated.

Cathy
ElleN (Idaho)
Posts: 1,335
Posted:
Can you quote verbatim the covenant that wouldd allow the COA to prohibit this?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I would deny it for several reasons.

However, here is one the Association can quote: Ohio Revised Code Section 909.02 which says in part:

"No person shall maintain an apiary located on premises other than that of his residence unless such apiary is identifiable by an apiary identification number assigned to such person by the director."

Limited common element is still considered common area.

Here is a link to the entire section:

Chapter 909 | Apiaries

Additionally, a simple internet search showed that many counties and municipalities have set back requirements from property lines. Be sure to check the applicable code for your location (as you already pointed out that you need to do).
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ElleN on 04/13/2025 6:35 AM
Can you quote verbatim the covenant that wouldd allow the COA to prohibit this?

My daughter is not allergic, but deathly afraid of bees.

If I were living in a condominium, I would consider the keeping of a bee hive on the patio or balcony of a unit a nuisance activity as it would (do to fear) restrict my families enjoyment of the common areas.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 04/13/2025 6:35 AM
Can you quote verbatim the covenant that wouldd allow the COA to prohibit this?

It would be real easy in my HOA. Basically a bee hive is an improvement to the lot. The Board is required to adopt design standards for improvements and the board can’t anticipate every improvement an owner may desire. If the board didn’t, or does not, adopt a standard allowing something (bee hive) the improvement is denied.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By ElleN on 04/13/2025 6:35 AM
Can you quote verbatim the covenant that wouldd allow the COA to prohibit this?

There isn't anything that specifically mentions bees. We have a pet restriction that limits what kinds of animals we may keep. The animals have to fall under the heading of "household pets", and bees are not pets. Livestock is expressly prohibited (no chickens!!). The animals must be kept indoors except when we're walking them on a leash - so keeping any animal on a porch or deck is a no-go. This restriction also gives the board the authority to remove an animal at its sole discretion.

We also have the usual nuisance restriction and prohibitions about keeping dangerous items on the premises.

Fortunately, I think my fellow board member is talking himself out of this.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Thanks, everyone - including Tim for the link. This is one of those things where my first reaction was "no, of course not" - and then I have to figure out why I think that way. Condominiums are just unsuitable for a lot of things.

Fortunately all of us board members are cautious about anything that can result in an insurance claim.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Glad it helped
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Buyers should really do their own homework about the benefits and drawbacks of every community or property that's under their consideration. A densely packed, HOA community is not suitable for beekeeping for a few common sense reasons. So many people overlook the HOA filing when buying and then want to adjust the community to meet their personal desires. Beekeeping is beneficial, but so are reasonable rules on communities. It makes the HOA a "Bad Guy."
ElleN (Idaho)
Posts: 1,335
Posted:
I am glad the guy backed down. FWIW:
Quote:
Posted By CathyA3 on 04/13/2025 11:03 AM
We have a pet restriction that limits what kinds of animals we may keep. The animals have to fall under the heading of "household pets", and bees are not pets. Livestock is expressly prohibited (no chickens!!). The animals must be kept indoors except when we're walking them on a leash - so keeping any animal on a porch or deck is a no-go. This restriction also gives the board the authority to remove an animal at its sole discretion.

We also have the usual nuisance restriction and prohibitions about keeping dangerous items on the premises.
I would go with the pet restriction. I think the covenant's wording is plenty strong enough. Let anyone disagreeing lawyer up. If an attorney's demand letter ever arrives, revisit.

From my case law reading, "nuisance" tends to refer to something crossing a unit boundary and clearly emanating from another's property or unit in a quantifiable manner and at specific times. The "nuisance" argument does not seem nearly as strong.

I do not see any case law speaking of beekeeping as a nuisance.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'm often amazed by how many people buy condos and then want to do all the things that you can't do in condos. And then they're mad at the board who tells them "no".

In this case, though, the other board member is interested in learning about bees and understands that a condo patio isn't a good environment for them. And if bees are considered livestock according to state law, then our pet restriction forbids them (we may not keep livestock).
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By ElleN on 04/14/2025 7:59 AM

I do not see any case law speaking of beekeeping as a nuisance.
Olmsted v. Rich is a case heard at the trial level and not appealed that said the beekeeping under the given set of circumstances was a nuisance. See https://www.beesource.com/threads/court-cases-and-legal-precedents-related-to-bees.365788/

Olmsted v. Rich is not case law, because it was not appealed. But I think it has lessons. Maybe the first lesson is: It's not a nuisance until specific times of annoyance have been identified.

(In New York the trial courts are called "Supreme Courts.")
JeffS37 (Florida)
Posts: 2
Posted:
I’d agree. I had a beekeeping business. Bees are stinging insects. A hive can go from gentle to aggressive in no time. They also like pool water. A hive can have north of 50k bees in it. Way too many pets!

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