One Nebraska homeowner was saddened when their homeowners association decided to try to get rid of the beloved birds living outside their home.
They posted about the issue in r/birding, a community that was sure to be on their side. "HOA is going to 'eradicate' the barn swallows that nest in the trees outside the building," they said. "Hundreds, possibly thousands of barn swallows live in the trees outside my high-rise complex in Omaha. Every morning and evening they make quite a bit of noise for about half an hour, so the HOA has decided to try to get rid of them."
According to the Redditor, the noise complaint was nonsense. "The complex is on one of the busiest and noisiest streets in the city, with unmuffled, insanely loud cars, trucks and motorcycles going by constantly, jack hammers, sirens etc., but some board members can't handle the noise from the birds and are launching an all-out attack," they said.
HOAs aren't known for being consistent — or eco-friendly, for that matter. Many have gone after homeowners who made simple money-saving or quality-of-life improvements that benefited the environment, including planting native plants or installing solar panels. Sometimes, changing the rules is an option, but in extreme cases, it takes legal action to get an HOA to back down.
The original poster was uncertain whether existing laws would protect the birds in this case. "Barn swallows are protected by the Migratory Bird Act, but I think you can go after them when there are no eggs in the nests," they said.
They wanted a more reliable route to protect the beloved wildlife. "If anyone has any ideas on how to prevent this from happening, please chime in," they wrote.
One commenter disagreed with the original poster's interpretation of the law, noting: "They would be in violation of the Migratory Bird Act if they did. Let them know."
Another, a bird biologist with environmental permitting knowledge, shared their expertise: "Based on the Migratory Bird Treaty Act, these birds and their eggs can't be harmed. However, if the nests are determined to be inactive, they may legally be removed … If the swallows are still around, the nests shouldn't be touched."
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