My rights to put bird feeders in my patio area

Thanks for your guidance. My attorney has also given me similar counsel.

[This message has been edited by judemariealexis (edited November 05, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by judemariealexis:
I have had three bird feeders in my patio for a year. It has been utterly amazing to discover that the birds ‘spread the word” and so I have had tiny birds, more mature adults and different flocks visit me every morning. Recently it seems that my neighbors below have voiced complaints about excrement and bird feed in their patios, and I have been ordered by the complex manager to 'remove the feeders immediately'. I was never notified when the first complaint was received and never asked to explore ways of preventing the feed from getting into other patios and so allow me to continue to enjoy the visits of the little wild birds. I have had them visitng my patio for ONE YEAR! Moreso there is another tenant in the apartment complex who has feeders in his patio and seemingly has received no notice from the management to remove his feeders. I believe that I am being singled out by management and would like to protect my rights. Please advise. Thanks<HR></BLOCKQUOTE>


My response:

You have no "rights" in this regard. The L/L has a right to control how it's property is used by tenants and, when that usage impinges upon the "quiet enjoyment" of another, the L/L can, and will, enforce a ban upon your type of usage of that property.

All because you have a love of nature, doesn't mean that your neighbors have to accept, and put up with, the "by-products" of your love - - e.g., spilled feeder food, noise, and excrement, etc.

Be very careful how you might argue this point, because you might be asked to move from the premises.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited November 05, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by judemariealexis:
I have had three bird feeders in my patio for a year. It has been utterly amazing to discover that the birds ‘spread the word” and so I have had tiny birds, more mature adults and different flocks visit me every morning. Recently it seems that my neighbors below have voiced complaints about excrement and bird feed in their patios, and I have been ordered by the complex manager to 'remove the feeders immediately'. I was never notified when the first complaint was received and never asked to explore ways of preventing the feed from getting into other patios and so allow me to continue to enjoy the visits of the little wild birds. I have had them visitng my patio for ONE YEAR! Moreso there is another tenant in the apartment complex who has feeders in his patio and seemingly has received no notice from the management to remove his feeders. I believe that I am being singled out by management and would like to protect my rights. Please advise. Thanks<HR></BLOCKQUOTE>

You are disturbing your neighbors. Take the feeders down and tell the birds to get the flock out of here. Maybe the neighbors of the other neighbor with the feeders have not made any complaints hence no management involvement. The neighbors have more rights than you do in this case.