HOAs and Bats: Know Your Rights in Oklahoma
Hello, I’m Oklahoma City attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area. Today, we’re going to have another video on things HOAs cannot do—or things that you can do that HOAs cannot stop you from doing. Specifically, we’ll be talking about bats.
Legal Protections for Bats
Under federal law, there is the Endangered Species Act, and Oklahoma also has its own laws protecting endangered species. Oklahoma has around 15 different species of bats, several of which are endangered.
If you’re an animal enthusiast who enjoys having bats around—to help control mosquitoes and other pests—you might install a bat house on your property. If bats begin to use that space, increasing their population and aiding the species, you may have certain protections when it comes to maintaining that bat house.
HOAs and Their Limitations
As mentioned, both state and federal laws prohibit harming, killing, or disturbing endangered bats. So if an HOA tries to force you to remove a bat house, especially when there’s no harm being caused, they could be violating those protections. It would be very difficult for them to succeed in forcing removal under these circumstances.
Now, if the bats were causing a significant issue, the Oklahoma Department of Agriculture or another agency may become involved to safely remove them. But generally, as long as no serious problem arises, the HOA cannot override endangered species laws to interfere with your bat house.
Get Help with Your HOA Concerns
If you found this video helpful or believe it could help someone else, please visit theoklahomacityattorney.com.
My name is Dillan Savage and I’m the Oklahoma City business law attorney with Wirth Law Office. If you have any concerns regarding your HOA rights or need legal advice, call us today for a low-cost consultation at 405-888-5400.
