- Oct 11, 2012
- 7
- 1
- 7
I got chickens, had them quietly for a year; then added a bummer lamb for 6 weeks. Lizzie got loud. Nosy neighbor from two streets away lied and said my next door neighbor complained about my "goats and chickens" -- no he just didn't have the huevos to complain himself...
At anyrate I thought poultry was not included in the ban on "livestock" - that is was just the lamb that was the issue (and hello she was due to go home in 3 days anyway... NO DICE, gone in 24 hours or we take you to court luckily there are no fines, but unluckily they use our dues to go straight to court and get a lien on your home... there goes your ability to sell, your credit rating, blah blah blah...
So I read and reread and found a clause that said that if the by-laws or agreements made under said by-laws were in irreconcilable difference with the city, that the city's ordinance wins. So I informed that of the fact that the city actually purposefully removed all restrictions agains agriculture and farming back in 2004 and updated the City Laws to reflect that in 2010. Thus we were at irreconcilable difference and the City rule allows chickens, thanks.
Was then handed a letter threatening a lien.
I have yet to bring this to a property lawyer, but will bc the wording is so vague no one can figure out if it means anything or not -- and all the kinds of things that would matter to homeowner's values, like home colors, RVs parked in the roadways, etc. aren't even in these idiot rules. And the required 3 person Architecture Committee doesn't even exist... for added construction...
So to fight I need to get 30% of the homeowners to say yes we need a meeting to discuss the CC&Rs and then offer up changes (like all windows must be covered with draperies made of drapery fabric and hung on drapery rods... ***? everyone - including the board has mini blinds and such... zero drapes!) so I've written up a change to the livestock law to allow 4 hens, no roosters, per quarter acre, must be housed properly, food must be kept in galvanized tins (not saying this but to keep rodents away!) and waste be properly composted or disposed of so there is no smell.
but 75% of the owners have to agree with that change.
additionally I'd like to add rabbits and other small animals as defined by 4H since the City is a self stated, council upheld Agricultural community.... not a city suburb.... and it's only 45 lots. 14 houses have to agree, and 34 have to say yes to chickens... I know of 4 who are against me. 2 are sales and unless they close soon all absences or failure to vote = a no vote. That's 5 houses in play if I can get the entire freakin' membership to even care... I can do a "mail in ballot" - eg. walk from house to house and get them to sign a form... giving their yes vote proxy by signature to me to turn in at the meeting. Harder to say no to a lady and her cute 10 yo that wants to show chickens at 4H as part of her schooling??? help.
Sooooooooooo my question is, has anyone ever fought an HOA and won? if so how??? suggestions on wording, suggestions on answering questions at a meeting if I can even get that to happen.... anyone? anyone? buehller?
At anyrate I thought poultry was not included in the ban on "livestock" - that is was just the lamb that was the issue (and hello she was due to go home in 3 days anyway... NO DICE, gone in 24 hours or we take you to court luckily there are no fines, but unluckily they use our dues to go straight to court and get a lien on your home... there goes your ability to sell, your credit rating, blah blah blah...
So I read and reread and found a clause that said that if the by-laws or agreements made under said by-laws were in irreconcilable difference with the city, that the city's ordinance wins. So I informed that of the fact that the city actually purposefully removed all restrictions agains agriculture and farming back in 2004 and updated the City Laws to reflect that in 2010. Thus we were at irreconcilable difference and the City rule allows chickens, thanks.
Was then handed a letter threatening a lien.
I have yet to bring this to a property lawyer, but will bc the wording is so vague no one can figure out if it means anything or not -- and all the kinds of things that would matter to homeowner's values, like home colors, RVs parked in the roadways, etc. aren't even in these idiot rules. And the required 3 person Architecture Committee doesn't even exist... for added construction...
So to fight I need to get 30% of the homeowners to say yes we need a meeting to discuss the CC&Rs and then offer up changes (like all windows must be covered with draperies made of drapery fabric and hung on drapery rods... ***? everyone - including the board has mini blinds and such... zero drapes!) so I've written up a change to the livestock law to allow 4 hens, no roosters, per quarter acre, must be housed properly, food must be kept in galvanized tins (not saying this but to keep rodents away!) and waste be properly composted or disposed of so there is no smell.
but 75% of the owners have to agree with that change.
additionally I'd like to add rabbits and other small animals as defined by 4H since the City is a self stated, council upheld Agricultural community.... not a city suburb.... and it's only 45 lots. 14 houses have to agree, and 34 have to say yes to chickens... I know of 4 who are against me. 2 are sales and unless they close soon all absences or failure to vote = a no vote. That's 5 houses in play if I can get the entire freakin' membership to even care... I can do a "mail in ballot" - eg. walk from house to house and get them to sign a form... giving their yes vote proxy by signature to me to turn in at the meeting. Harder to say no to a lady and her cute 10 yo that wants to show chickens at 4H as part of her schooling??? help.
Sooooooooooo my question is, has anyone ever fought an HOA and won? if so how??? suggestions on wording, suggestions on answering questions at a meeting if I can even get that to happen.... anyone? anyone? buehller?
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