This Condo Repair Job is for the Birds!

L.W. from California writes:

Dear Mister Condo,

Hi, I’ve had an issue with a bird nest outside on my soffit. My condo is refusing to pay for the removal even though it’s part of the building. This has been going on for several months. I’ve been calling the condo President constantly to no avail. We recently hired a Management company and the President is very rude. I had my cousin talk to both of them and they both told him the birds are gone. Due to this problem, I have copious amounts of bird feces on my balcony. I own a screened in balcony which is the problem. Since their handy man doesn’t know how to take the screen apart they told my cousin I refused service. I have rights as a home owner and not wanting it to be damaged. What recourse do I have?

Mister Condo replies:

L.W., I am sorry that you are facing such an ornery challenge enjoying your condo living experience. Birds, bats, raccoons, rats and other wildlife often find condo dwelling to their liking. You are correct in assuming that the Board is the responsible party for correcting the situation. However, calling the condo President constantly is not a good strategy to have the situation remedied. Since you have a Property Management company to deal with, they are likely going to be the ones who will dispatch the handyman to remove the nest. The complication of the screened porch adds a new wrinkle but it shouldn’t be the end of the process. It sounds like another repairman will be needed to remove the screen without damaging it. Who owns the screen? If it is you, you may have to arrange to have the screen removed at your expense so the association’s handyman can do his work to remove the bird nest. If the screen is association-owned, then they will need to have the screen removed before they can remove the nest and then return the screen to its original position. You asked about recourse. First, you need patience. Coordinating two different repair people may take some time and the Board is not technically under a time constraint. That being said, your only true recourse is to bring action against the Board for not dealing with the problem. That can be costly and time-consuming. My advice is to work with the Board, the Property Management company, and the workers dispatched to deal with the problem. It will take some time but it sounds like they are on the way to getting it done. Good luck!

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