Nasty neighbor....

mom'sfolly

Crowing
12 Years
Feb 15, 2007
5,023
79
308
Austin area, Texas
This person lives about 1/4 mile from me, but in my neighborhood. This summer she complained about my chickens to the HOA. The HOA rules say that no one can keep poultry "for commercial purposes"; and the board had previously ruled in my favor. I knew I was golden, but still had to deal this the management company, who called animal control. Animal control was cool, my chickens were legal (as I knew) and well kept. Dealing with the management company was hell, and my complaints got them fired from their position.

When the board met, they informed the complainer that I was legal, and that to change the rules 2/3 of the homeowners in the HOA would have to approve the change. I also told her I was within the legal limits of the city.

To even find out which house had chickens, she had to search. From the front of the home there is no way to tell which house on the cul de sac has chickens. She must have heard my rooster. I do have about ten feet of the run on the road that is outside the neighborhood limits. This area has a 6 foot privacy fence. For the complaint with the homeowners she either climbed the fence or took a picture through it. My chickens cannot be seen from the road.

Fast forward 6 months...I find a note from animal control to call them. I do, she says some one complained that they saw "buzzards in my yard eating dead chickens". Animal control said everything looked fine to them, and I went to the city to find out who complained. It turns out it is the same person, now lying to law enforcement. The chickens cannot be seen from outside my yard without coming onto my property or touching my fence.

She is also starting a petition drive to change the HOA rules, which is well within her rights. She is also a newly elected board member, so I will probably be attending all board meetings now.

My question is when does this cross over to harassment, and when do I take action? And if I take action, how do I do it? Any suggestions?
 
Do you have a lawyer friend? I'd ask for advice and also whether or not you would be 'grandfathered' if they managed a change of the HOA rules.
 
Never buy in an area with a HOA. But since you have, be aware that when you get rid of the chickens, she will find something else to pick on. You are probably not her only victim. Talk to neighbors and find out who else she is harassing.

Every neighborhood has one or two of these types. They generally seem to join together to "better" the area and improve their property values. Eventually, they will take the profit on their property and move on.

Watch her carefully. If she leaves her garbage can out after the pickup, complain. If she is having work done on the house, call immigration and report a suspected violation. Complain if she leaves her newspaper out past eight in the morning.

If her kids have any bruises on them, call child protective services and report it.

Read the rules and bylaws and stick it to her.
 
I would contact a lawyer and ask your questions. Honestly, and of course I'm desensitized, but one rooster and she's complaining? I hope everything works out for you.
 
Make friends with animal control. They can be a big asset to you in cases like this. I had repetitive complaints about my horses being in mud (in the PNW in late winter/spring---really? Who WASN'T in mud?
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) anyway animal control was out twice and basically laughed, talked about how my 23 year old horse had never missed a meal, made sure they had dry stalls available and clean water and we were good. The complainers continues to call them but they quit coming out as they knew the animals were fine.

Consult a lawyer. Find someone familiar with CCR laws and see what your options are.
 
I hope you find some good legal assistance. These people are a piece of work. They love the sound of modern machinery, the annoyance of rising crime, more development, and when chicken squawks they have a conniption. Crybabies and busy-bodies, like most of the country seems to be anymore. They need to go buy a house in a gated community and leave everyone else alone.
 
The majority of the HOA board is in my camp, or at least neutral. And the animal control person was on my side as well. She knows you can't see my chickens from the road. My husband and I tried to see the birds, and the only way we could see into the run was to climb on the fence. I think the fence will soon have a "no trespassing" sign.
 
The majority of the HOA board is in my camp, or at least neutral. And the animal control person was on my side as well. She knows you can't see my chickens from the road. My husband and I tried to see the birds, and the only way we could see into the run was to climb on the fence. I think the fence will soon have a "no trespassing" sign.
And a hot wire running along the top!
 

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