What to do about feral cats at my condo complex?

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What to do about feral cats at my condo complex?

I moved into a condominium complex in which several feral cats are living. I didn’t know the extent until I had already moved in. When I asked about them I found that the complex is supporting the colony but this is not mentioned in the HOA paperwork I signed when I bought the place. Is this legal or should they have mentioned the cats in the HOA documents?

Asked on April 9, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

HOA agreements do not need to address every single issue, and something is not illegal simply because it is not mentioned in the HOA agreement.

If the cats are causing some actual problem with habitability or (re)saleability, you might have grounds to take legal action, if necessary, to force the HOA to take action to redress this concern. Or if the HOA is expending HOA funds without any authority to do so to support them, there  might be grounds to take  action. However, barring the above issues, there would seem to be nothing improper--and even if what the HOA  is doing is improper, it may not be worthwhile taking action. (For example--say they are spending $5 - $10 week on cat food without authorization--is that worth a lawsuit?)


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