How do we handle swallow nests under our HOA's eaves and breezeways?

By OurHOA · General information · Revised October 28, 2026

How HOA boards handle barn and cliff swallow nests on buildings: federal and state nest rules, a removal and barrier calendar, droppings, swallow bugs and notices.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Barn and cliff swallows are protected migratory birds. Once a nest holds eggs or chicks, nobody may touch it without federal authorization, and the U.S. Fish and Wildlife Service does not issue permits for nuisance problems. So the work happens on a calendar: clear old nests and mud after the birds leave, install barriers on the eaves and breezeways they use before they come back in spring, and knock down new mud only while no eggs have been laid. If a nest has eggs or chicks, you live with it until the young are gone for good. State law can be stricter than federal law, and your declaration decides who pays. This guide is general education, not legal advice.

What the law allows

Federal. The Migratory Bird Treaty Act protects swallows, their nests and their eggs. The Fish and Wildlife Service's nest memorandum, MBPM-2-02 (January 15, 2025), defines an in-use nest as one holding viable eggs or nestlings. It becomes in use when the first egg is laid and stays that way until the young fledge and no longer depend on it. A nest that birds are still building or tending before any egg is laid counts as inactive. The memo says an inactive nest can be destroyed without a permit as long as no one keeps the nest or its contents, while destroying an in-use nest, or relocating any nest, needs authorization. It puts the burden on the person doing the work to make sure no eggs or chicks are harmed, warns that colonial nesters raise that risk, and recommends working outside nesting season. Texas. Parks and Wildlife Code 64.002(a)(3) makes it an offense to disturb or destroy the eggs, nest or young of any bird that is not a game bird, and 64.005 makes it a Class C misdemeanor. The statute does not separate active nests from empty ones. Texas Parks and Wildlife's swallow booklet describes the ban as covering harassment of the birds and destruction of active nests, but if a Texas board wants to remove a large colony, call TPWD's urban wildlife biologist first. Florida. FWC says removal of inactive nests of birds that are not state-listed is authorized under rule 68A-16.003, F.A.C., and that it no longer issues active-nest removal permits for non-listed species. Federal rules still apply. Colorado. Colorado State University Extension says swallows are protected in Colorado and that destroying or disturbing active nests is prohibited.

The swallow calendar

The Fish and Wildlife Service says the breeding season runs from March through September. Swallows often raise two broods a year of 3 to 5 eggs. Eggs hatch in 13 to 17 days, young fledge 18 to 24 days later, and the chicks keep coming back to the nest for several weeks after that. TPWD adds that nest building takes less than 2 weeks, followed by about a week of egg laying. Texas A&M AgriLife notes that swallows keep arriving in the southern U.S. until about mid-April. A workable year for the board: October through January. Walk every building with the maintenance contractor. Photograph and list each eave, breezeway, light fixture and ledge with a nest or a mud scar. Remove empty nests and scrape off the mud, since the Service notes swallows reuse old nests and build on traces of old mud. February. Install barriers on every spot on the list. Approve the work at the January meeting so the contractor is not still scheduling in March. March through April. Check the listed spots every day or two. Wash or knock down new mud before the first egg. Log the date, location and what was removed. May through September. If a nest has eggs or chicks, leave it alone and manage the mess. After the last young leave. Remove the empty nests, clean, and add new spots to next year's list.

Barriers that work

The goal is to take away the surface the nest sticks to. The Fish and Wildlife Service lists coroplast, PTFE (Teflon) sheet, commercial bird slides, plexiglass, plastic sheeting and silicone-based paint as physical barriers and calls them a possible permanent fix. TPWD's booklet suggests closing the right angle where the wall meets the eave with a sloped board or panel, so there is no corner to build on. Texas A&M AgriLife adds netting or wire mesh over nesting areas, overlapping vertical vinyl strips for open entries such as carports, and bird spikes. TPWD also says moving objects near the nest site, such as windsocks or strips of foil, have discouraged swallows, because the birds like open sky. What does not work: the Fish and Wildlife Service says repellents are not effective and no EPA-registered toxicant exists for swallows. TPWD says reducing the mud supply nearby will not help, and that nest boxes do not attract barn or cliff swallows, though a simple shelf placed near, but not on, the surface you are protecting has drawn barn swallows away. Ask the contractor to match colors to the trim and confirm that netting will not block fire sprinklers, exit signs or dryer vents. Our guide on stopping pigeons roosting on HOA buildings covers bird netting bids in more detail.

Living with nests you cannot move

Some nests will slip past the barriers. For those, the Service suggests washing away droppings often, laying paper under the nest to make cleanup easy, and covering cars. Have the cleaning crew add the spot to its route instead of relying on owners. Swallows defend their young by diving at people, so a small sign at a busy doorway, 'Nesting birds overhead, protected by law, please use the side entrance until [month],' saves a few complaints. Swallow bugs are the other issue. They are close relatives of bed bugs that live in swallow nests. The Fish and Wildlife Service calls them no threat to human health, but Colorado State University Extension says the bugs leave abandoned nests to look for a new host, can enter living space through attics, can live more than a year, and can bite. That is one more reason to remove empty nests from attached buildings promptly and to note any unit complaints near former nest sites.

Who does the work and who pays

Check the maintenance chart in the declaration. Eaves, breezeways and exterior walls are common elements in most condominiums and many townhome communities, so the work usually falls to the association. In single-family communities, nests on homes are typically the owner's problem, and the board's job ends at clubhouses, pavilions, mailbox kiosks and other common structures. Write one scope for the whole property. A contractor bid should list each location, the barrier type and material, the price, the warranty, and a written promise not to touch any nest with eggs or young. Ask how the crew will check a nest before removing it, since the Service puts the duty on whoever does the removal. Keep the dated photo log with the maintenance records. It is your proof that a nest was empty. A motion you can adapt: 'Move to approve [contractor] to remove inactive swallow nests and install nest barriers at the locations listed in the attached survey, for [amount], with work completed by [date] and no disturbance of any nest containing eggs or young.'

Owner notice you can adapt

'Swallows return to our buildings each spring. They are protected by federal and state law, and once a nest has eggs, it cannot be disturbed until the young leave. To keep nests off the buildings, the association is removing old nests this winter and installing barriers under eaves and breezeways by [date]. From March through April, our contractor will remove new mud before any eggs are laid. Please do not knock down nests yourself, spray them with a hose, or put up your own netting on common elements. Report new nest building to [email or phone] with the building and location.'

Mistakes boards make

Waiting until May. By then the nests have eggs and the board's only option is patience until late summer. Knocking down a nest without looking inside. One egg makes it an in-use nest. Check every time and keep the log. Netting half a building. Cliff swallows nest in colonies and will move to the next unprotected eave. Cover every spot on the survey. Leaving old nests up all winter. Old nests and mud draw birds back, and empty nests can send swallow bugs looking for a new host. Trusting a vendor who offers a spray. There is no registered toxicant for swallows. Hire for barriers and timing instead.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

More on living with an hoa

Or browse all living with an hoa guides.