- Mar 21, 2009
- 2,229
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Thank you, guys. We are going to talk to an attorney my mother in law knows. Can you believe the HOA didn't even sign the letter or give a phone number? That is so cowardly. We have no way of knowing who from the HOA sent the letter, whether they already discussed this at a meeting, nothing...
I have talked to someone that is a retired attorney and I am trying to dig out the closing paperwork on this house to see if the HOA is referenced anywhere at all in the title work. The reason the HOA came up before is because when we bought this house, we considered possibly splitting the lot in two and selling the other side of the lot. According to the rules filed when the community was built, the lot was just slightly too narrow to allow this. When we spoke to the title company, they told us that the HOA was voluntary at this point because it was past the initial 30 year development period. Of course, the letter they sent says the rules are legally biding, they are going to sue us, and we are going to have to pay all their legal fees.
Anyway, as far as the zoning, the county said that the zoning we are under does not allow any poultry at all even though we are in an unincorporated area. I think we have very good ground to stand on if we challenge that and try to get a variance though. In the information I was able to locate from the county, it mentions a number of things like how big your lot is, how far away from other houses you are, how tall your fence is is, etc... We are on .5 acre with a six foot fence and the birds are probably at least 150-200 feet from any of the neighbors. I have to think that this and the fact that we are across the street from a huge horse pasture will work in our favor.
Thank you for your help and good thoughts! If anyone has any other ideas, please let me know.
I have talked to someone that is a retired attorney and I am trying to dig out the closing paperwork on this house to see if the HOA is referenced anywhere at all in the title work. The reason the HOA came up before is because when we bought this house, we considered possibly splitting the lot in two and selling the other side of the lot. According to the rules filed when the community was built, the lot was just slightly too narrow to allow this. When we spoke to the title company, they told us that the HOA was voluntary at this point because it was past the initial 30 year development period. Of course, the letter they sent says the rules are legally biding, they are going to sue us, and we are going to have to pay all their legal fees.
Anyway, as far as the zoning, the county said that the zoning we are under does not allow any poultry at all even though we are in an unincorporated area. I think we have very good ground to stand on if we challenge that and try to get a variance though. In the information I was able to locate from the county, it mentions a number of things like how big your lot is, how far away from other houses you are, how tall your fence is is, etc... We are on .5 acre with a six foot fence and the birds are probably at least 150-200 feet from any of the neighbors. I have to think that this and the fact that we are across the street from a huge horse pasture will work in our favor.
Thank you for your help and good thoughts! If anyone has any other ideas, please let me know.
