[Apis]

If you keep a nuc at your home, can your association legally tell you to remove it by claiming its a nuisance?
Heres the restiction they're using to justify the complaint:
"No nuisance shall be permitted to exist on any lot so as to be detrimental to any other lot in the vicinity thereof or its occupants, or to the common property".

My neighbor is OK with it? It's been there a year. So I don't think there was a complaint. I think the associaition just saw the white box and sent me a notice. The definition of "nuisance" must be a very liberal one. Any help on how I should respond to my associationd? I would appreciate it. Thanks.

 

[Denninmi]

I wish I knew what to tell you.

I had 15 hives back in the early and mid 1990's fairly near the back of my property, which is long (500 feet roughly) and narrow (100 feet).

They developed the adjacent field into McMansions. When the new people moved in, one of the first things the guy behind me all the way overall as I came to soon learn, beat his wife among other things, thank God they moved away) did was come over with a list of complaints.

I told him I wasn't part of his subdivision nor its association, never had been, and there wasn't much he could do about any of his complaints.

But, that doesn't apply to you.

From a legal standpoint, you are obligated to abide by the rules you signed up for, so read them carefully.

The term nuisance is very broad, and it gets down at times to a "he said, she said" type of situation -- can they prove the bees are a nuisance, can you make a rational case they're not.

It may not be worth fighting it.

 

[Eyeshooter]

I would see if bees are considered an agricultural product in Florida. That may give you a better leg to stand on as how can a legal agricultural product be a nuisance?

John

 

[Budster]

I've been down this road a few years back, I could probably match anyone story for story on this subject.
I hate to be a "Negative Nelly" but sooner or later you just succumb to the BS the obtrusive neighbor is dishing out! Remember this...

"Idle hands are the devils workshop"!!!

I have always found the complainers have nothing but spare time on there hands and never know a dang thing about bees, nature, etc... They are what normal people call nusances! The complain when the kids are making too much noise playing ball, or worry that the ball will hit there Mercedes, etc... They, just like anyone else, eat food... Eggs, beef, honey, chicken, etc. They grow cherry trees in there backyards and brag about how many cherries they got this year, never realizing that them evil bees pollinated them! Put in a small chicken coup, and they complain even more! They agree to the fact that we need bees, chickens and everything else, but it should be done "SOMEWHERE ELSE".

I wont go on and on, but I could. I'd never do anything that would put my "abrasive" neighbor in harms way, even though I cant stand the woman! I have all of my other neighbors who could care less about my bees. It's just the gal who lives next door, who lives on the philosophy "The Lord will lead me, and the welfare will feed me" who sits on her dead "you know what" all day who complains!

Good luck though... This is just a sore spot with me...

 

[StevenG]

The bees aren't a nuisance, they are volunteer gardners for the association's landscape program. They provide free pollination service to both the Association, and all homeowners. :thumbsup: And did a homeowner complain?

I'd check city or municipal ordinances related to beekeeping.
Good luck!
Steven

 

[devdog108]

The word detrimental is where i would focus.......Also look up the Beeks laws in Fla....Are you registered with the state? I am sure someone saw a movie on AHB...and there lies your problem. Are they fenced in, providing an over the head path at all?

 

[Budster]

"You laugh at me because I am different, but I laugh at you because you are all the same."

I agree 100%. This makes sense! So fitting for this thread!

 

[Apis]

Yes I am registered. No fence...

 

[Apis]

I totally agree. Don't know if someone complained

 

[AmericasBeekeeper]

Florida State Beekeepers Association and the Department of Agriculture are pushing a law at state level to allow beekeeping over any local restrictions. It is not passed yet.

 

[Apis]

Yes, In Florida bees are considered an agricultural product.

 

[devdog108]

I would ask them directly what the nusiance was then.......If you are registered, then you are doing what the Fla law says, and state law trumps most others, includign county, unless you live in Alabama.... If need be, you could suround them in a fence, to make them fly high, but i would def respond how they are a nuisance. I have 3 neighbors that are allergic, and have the epi pens to prove it, and they love seeing them....Most associations will back down because they do not have the funds for a fight...especially if you are a member...

 

[devdog108]

Oh yeah, and find the HOAP..(the presidents house)...the file a complaint that his flowers are making you sneeze.....seriously......what happens if you have allergies...especially to his floweres.......thats a nuisance...

 

[honeyman46408]

Nuisance

That word can bee a large blanket that covers a lot of different things. Around here it has been used to keep people from having bees.

 

[Apis]

I'll give it a go. I'll ask how keeping a nuc is a nuisance. I have no problem in moving them, but I'll miss the pollination for all the fruit trees

 

[Budster]

Oh yeah, and find the HOAP..(the presidents house)...the file a complaint that his flowers are making you sneeze.....seriously......what happens if you have allergies...especially to his floweres.......thats a nuisance...

Once again I'll say it...
Idle hands are the devils workshop! If you have enough time to be the "president", you've obviously got idle time! Especially if your a new "President". A new sheriff in town always wants to do some business.

I'm so glad my subtle life isn't so dull that I only care about raining on everyone else's parade or running the local homeowners association! Sure, some homeowner associations are good, but come on....

Is someone actually somewhere saying "We'll there goes the neighborhood and the property values, so and so has a bee hive in his yard"? Its a beehive, not a silverback gorrilla!!!

 

[Apis]

By way of clarification - I'm the victim, that has to comply with the assoc. that is unless I can present a good case. So far I've got some good suggestions. ...

 

[Budster]

What I like (as I actually did this), is you can put some honey out during a dearth, and through beelining, find 3 - 4 other ferrel hives in the neighborhood! "Wow, you mean bees live here in our neighborhood"?

 

[Joseph Clemens]

Perhaps when you contact your county Ag, state Ag, etc. you could have them provide you with written documentation, such that, keepers of "domesticated honey bees" are the best defense against AHB. Afterall, without the competition by "domestic" honey bees, AHB's would then have use of all the resources which are now shared by all the bees.

 

[Apis]

Yes, that's a good point. Thanks