HOA is forcing me to get rid of chickens

[nmgator]

Hello everyone,

I was issued a warning to fix my problem with having chickens and my HOA is forcing me to get rid of my chickens. They gave me 30 days to fix the problem. Here is my CC&R's for my HOA reference the chickens,

No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except for cats, dogs or other generally recognized household pets of a reasonable number, provided that they are not kept, bred, or maintained for any commercial purpose; and provided further, than no more than four (4) adult animals are kept on a single Lot.

We currently have three dogs and 10 chickens and the chickens are our pets, all we do is collect the eggs. My son has grown so attached to them as well. He loves giving them leftovers. We currently live in Albuquerque, NM and in the city limits we are allowed up to 17 hens and 1 rooster. I understand that HOA's are different, but i really need help. We don't want to have to get rid of our flock, but we may have to. I would greatly appreciate any advise on the matter, thank you to all

-Sean

 

[pfewless]

I would look to see when the HOA made the no chicken rule. If it was after you moved in you may be able to be granted an exception.

 

[nmgator]

unfortunately this law was set back in 2002

 

[Blooie]

I'm afraid by the wording you have shared that you are going to have to comply.

 

[nmgator]

can't chickens count as household pets?

 

[matt44644]

I think since chickens are eaten they are always going to be considered livestock.

 

[Blooie]

can't chickens count as household pets?

Not the way your rules are written...it says "no poultry or livestock" pretty clearly, and then lists the only exceptions to the animal rule as dogs, cats, or other generally recognized household pets. That would encompass fish, parakeets and the like, hamsters, etc, but the wording specifically excludes poultry. Even if, by any slim chance, you could fight the ruling against calling them pets, you still have over the number of adults allowed. I'm sorry.

 

[nmgator]

I hate to just give up, I need to talk to an attorney. and maybe there will be a silver lining. Or i may just have to join the board

 

[nmgator]

and reference this line,

or other generally recognized household pets of a reasonable number, provided that they are not kept, bred, or maintained for any commercial purpose.

they don't list a specific number, just reasonable number

 

[Kikiriki]

Personally, I don't know why anyone buys a home in a HOA community. Be assured they will pursue legal action, and there are typically very few ways to win in court (which is stressful and expensive even if you do win). You may want to pursue the "health issue" route, but this requires a doctor to state that the eggs are required to alleviate a real health problem. IBS (irritable bowel syndrome) was cured when I went off GMO foods, and store bought eggs. It may have been the chemical wash and coating they use on commercial eggs, but I don't give my chickens GMO foods or feeds with GMOs like soy, canola, and corn. I have seen autism addressed through diet, as well. However, I sincerely believe you are fighting a losing battle because the HOA rules you quoted are very clear.