The Board of Directors are not acting upon complaints of ferel cats within the association, in which do not belong to any member. What can we do as association members, to rectify this situation?

By December 9, 2014Questions & Answers

Issue: We recently returned to Florida and discovered our condominium is home to a dozen feral cats. The cats do not belong to an owner, but many of the owners in the community are feeding these cats. This is only exacerbating the situation and our Board of Directors is not taking any action. What can we do?

A.T. Bonita Springs

Answer: The Board of Directors has an obligation to uphold the condominium documents, and most condominium documents prohibit owners from creating nuisances. There is a Florida arbitration decision in which the arbitrator determined that “feeding a stray animal in an outside area clearly constitutes a nuisance in that food left out might attract other stray or wild animals that could cause damage to the condominium property or residents.” Thus, the Board of Directors should take reasonable steps to prevent the feeding of stray animals and enforce its governing documents. If the Board refuses to take corrective action, you would be able to file a petition for arbitration to enforce your rights as a unit owner.