Bird problem must be solved

Q: At 7 a.m. I called the emergency line to my management company, and at 9:15 a.m. I was told that a work order went in but they needed to get an OK to get someone out to our condo, which is on the ground floor.

This is what happened. We heard a cooing noise in our condo that led us to our fireplace. I went out to look and see what was making that noise and saw a bird caught in the mesh of the chimney. I called animal control and a representative said their staffers don’t go on roofs. So, I called my HOA management company. I did get a call from the manager telling me they would send out a maintenance man to see what he could do. He arrived at the scene and said he had no ladder and could not see the bird at that time. I said the bird might be dead and diseased or might have gotten out. I said if he got in and got out there must be an opening. He said he could not do anything for us.

We went to a board meeting last Tuesday and told them the story. One board member said she had put something on the top of the chimney to keep the birds out, and no one said anything after that. What are we to do in this case? Thank you.

A: I can tell you right now, if you do not want your home to be swarmed with maggots from a possible dead bird stuck in your chimney, you better take immediate action. Whether or not this problem should be the responsibility of the association is not the issue. At this moment, the issue is to resolve the problem. You need to start with calling an exterminating company for advice and hopefully they will be able to extract the bird from the chimney. Second, you need them to help identify how the bird was caught inside the chimney and to have some barrier installed to prevent any further intrusion.

You already have documentation that the association was of little help. You can fight about reimbursement after you have taken care of the problem. You will need to review your governing documents, the sections pertaining to the maintenance responsibilities of the association and that of the homeowners. You may have to obtain legal advice in determining if the association is responsible for correcting the problem and for reimbursing you the costs to remedy the situation. You may find that it is your responsibility.

To further document, you need to send a letter to the association, summarizing the events and your meeting with the board and then informing the board of the actions that you will take to resolve the problem. In that letter, you need to place the board on notice that the association may be liable for reimbursing your expenses in remediating the bird problem.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to the Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.