problem with HOA

jeeblah

Hatching
Feb 5, 2015
7
0
7
I have backyard chickens for almost five years now. My HOA voted against them. Why now . Because my husband and my neighbor who is a board member had an altercation. He use his authority as a board member to vote against us. It is like kiss my *** or you will be sorry. Our development is rural and not rural residencial zone . According to the zoning department.
 
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From Australia welcome!
 
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I have backyard chickens for almost five years now. My HOA voted against them. Why now . Because my husband and my neighbor who is a board member had an altercation. He use his authority as a board member to vote against us. It is like kiss my *** or you will be sorry. Our development is rural and not rural residencial zone . According to the zoning department.

What do your CC&Rs say? CC&R changes require a high percentage of member approval; it isn't something the board has the authority to change. If it is within the guidelines set by the CC&Rs, they can make rules.
 
Seems like since you have had them for 5 years already, the precedence has been set, chickens are allowed. I'd say if the person is doing it as a punitive action, they would have a lawsuit on their hands. Maybe no NEW flocks allowed, but those that are there can stay. Man, I'd NEVER live where there was an HOA, I feel for ya.
 
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My young great nephew approached their HOA about acquiring a couple of hens- was turned down flat. He then turned to rainbow balled pythons as they would be indoors and not under HOA control. Hope none of the snakes escape while the young lad is cleaning cages. Maybe you could opt for poisonous asps instead of your gentle hens. Sorry- I'd be relocating.
 
I am pretty sure since u had them 5 years the HOA is SOL. I do not live in a HOA subdivision but my friend does and she has a pig had it for years no one said nothing . She thinks when new neighbors moved in they complained but she still has the pig I do not know the exact details but it was like she had it and the HOA did not step up at all for years thus that rule for keeping a pig is out the window because of lack of enforcement
 
We went to the board meeting again asking for a waiver. The board members said they can not grant us a waiver. They said only thing they can do is enforce the covenant and the by law.
 
If your chickens were not specifically illegal during those five years, then I would think making them illegal now would only apply to new chicken owners going forward. Existing chickens would be "grandfathered" in. I would even venture that you could legally get more chickens since you have this exemption. However, I wouldn't let anyone know about any new or replacement chickens. Twenty years from now, if they ask, you simply tell the HOA that you have some pretty darned long-lived hens.
 

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