Legal Question in Real Estate Law in Arizona

Re: HOA Do they have right to forbid us from feeding stray cats?

Feral cats are a problem that is hard to deal with. They usually cannot be domesticated, so will not be adopted out as pets by the Humane Society or County Animal Control. They continue to breed and will grow in population. The accepted control method is to catch them in baited cages, have them spayed or neutered and then release them. They then maintain their territory without multiplying, so the population is controlled.

You have me at a disadvantage by asking me about the rules of your homeowner association, or CC&Rs that were recorded for the subdivision without being able to see the wording. Reviewing those documents is not really something that can be done in this forum. I presume you have told people you are feeding the cats, so that is how they know.

In one famous case where a neighbor filed suit against another neighbor for the trespass of a cat on the claimant's property the court stated something to the effect that a cat by its nature is a wanderer and a vagabond, so you can't really control where he goes.

What in your rules makes these cats feral instead of your pets? I presume it is not a violation to feed your own pets. If the cats live outside that does not make them not your pets. If you place dried cat food out with water to feed the birds (they love it) is that a violation? I presume bird feeding is allowed. Birds thrive on this type of food, and if the cats get into it as well, oh well. If you catch and spay or neuter the animals, then release them, you have a good argument they are your pets. Also, cats do not have to be licensed in most counties, but your vet record can substantiate that it is your pet.

Good luck. I am sure you can work something out. Call your local pet society to get help. They have volunteers who might assist you.

Good luck.