- Feb 6, 2014
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I read with interest this case about chicken zoning. I am the secretary of a group called "Hensforth" which has formed to support 7 people in Eldorado at Santa Fe in NM who are being sued for having hens on their lots. Our covenants do not specify any particular animal can be a pet or not. They specify some requirements - reasonable numbers, on the lots, kept as pets, no nuisance and no commercial purpose. We claim these hens (we recognize that roosters would make too much noise) are pets. And that our covenants should allow them. Indeed in the 40 years of Eldorado history many people have had pet hens with no issue. Problem is, we have a new group of homeowners who are led by some retired lawyers who are trying to change the formerly peaceful neighborhood into a country club - or more like a military base. We have 1- 4 acre properties in a scrub desert setting. Many of our older homes are passive solar and southwest architecture. Horses are allowed on lots above 3 acres. You wouldn't believe the animosity and hatred that has been generated over this. One anti-chicken person said at a Board meeting "If 51% don't want chickens and 49% do then the 49% should just move out." And that is mild. So we have been through a lot - mediation, depositions, summary judgments and so far nothing has helped resolve it. Hensforth raised over $20,000 through 2 yard sales and 2 music events that we put on and that has covered our legal costs so far. The HOA spent at least $20,000 last year on 2 lawyers and have budgeted $35,000 for this year but it may go way above that. We do a lot of legwork for our lawyer to keep the costs down. But March 24th now it will go to court. If we win, that chickens can be pets within our covenant language then many other city codes and HOA covenants might use it as a precedent for other cases. Chickens clearly are recognized as pets but they can also be livestock. Our defendents (my friends) all have pet hens only. They take their hens to the vet if needed, care for them for life and enjoy them. If anyone else fought any battles, especially around the pets issue, I'd love to hear about it. I was on the Board of the HOA when this was all percolating and it was a depressing experience to see such ignorance and narrow mindedness. I am all for letting people live their lives in freedom as long as they respect other's freedom and don't create any nuisance. This whole episode is based on our HOA's lawyer who irrationally keeps saying "A chicken can never be a pet" no matter what evidence is in front of him. Wish us luck!
You can read the background on our case at hensInEldorado.com or facebook/hensineldorado
I think anyone should be allowed to keep a few hens as pets because they can be pets.
You can read the background on our case at hensInEldorado.com or facebook/hensineldorado
I think anyone should be allowed to keep a few hens as pets because they can be pets.