HOA Problem

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jasalva
Posts: 83
Joined: Mon Mar 17, 2014 3:54 pm
Location: DE/Milton

We live beside our development’s water retention pond. When we moved here 10 years ago, we asked for permission to raise two PM racks, each rack has 12 gourds. They told us to place them outside our fence beside the pond. We did and have maintained that side of the pond since then. Our state conservation (DE) has decided to replace conduits in our retention pond and wants to use the land where our active colony stands to move machinery. We have a meeting on June 4th and I would like to come prepared to prevent the Martins from being disturbed. They can use the land at the back of the pond but it isn’t quite as wide. The racks are not on our property. The HOA instructed us to use this space, now being used, 10 years ago. Any guidance or information would be appreciated. I will not let this year’s brood to be disturbed!
John Miller
Posts: 4863
Joined: Mon Mar 22, 2004 9:11 pm
Location: St. Louis, MO

I hope you can work something out. You probably know, but as a protected bird species, disturbing the existing housing while birds are nesting would be a violation of federal law. Perhaps you can email or call the PMCA and get them to give you a written statemen to this effect, and you can take it to the meeting. Talk to Joe. I've always wondered if this concept could be expanded to a colony site year round, not just during nesting season.

if you need to move the housing a short distance, in my experience in 50 yards or more, the martins will find it and adjust next year. Of course this may require permission from your HOA - whew -- hang in there and do what you can.
jasalva
Posts: 83
Joined: Mon Mar 17, 2014 3:54 pm
Location: DE/Milton

Thank you, I appreciate you responding. We talked to a lawyer, he was not able to help. I did call PMCA and spoke to a very nice person, not a Joe, but she didn’t offer information. I will call back and as for Joe. I contacted both the Federal and State of DE Fish and Wildlife. The State got back with me and is sending me talking points for the June 4th meeting. I also downloaded a copy of The Migratory Bird Treaty Act. I will know more after the June 4th meeting. I am really hoping that people will be reasonable. I have had PM for almost 20 years and never ceases to be some kind of new adventure.
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