problem with HOA

[jeeblah]

This what covenant say

11. Livestock. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any of the property, except that dogs, cats, and other domesticated household pets may be kept provided they are not kept, bred or maintained for any commercial purpose.

I looked on every legal dictionary about chickens and they are considered domesticated animals. Plus i am not using them for commercial purposes and not selling their eggs and i am not breeding them.

 

[jeeblah]

Funny thing is this person who is my neighbor is also a board member. He posted some suggestions on face book on how I can make a chicken coop and chicken feeder and never told me i am violating the covenant . there were also two other board members who knew that I have backyard chickens but didn't bother to tell me it is against the covenant. it is all about him being malicious . There are also nine homeowners who new I have backyard chickens but never filled a complaint to the association . only thing they say is your chickens don't bother us and we like hearing them.

 

[Blooie]

Cordially invite all of those non-complaining members to a meeting with the HOA board. But if you re-read the covenant you posted, it specifically says, ".....poultry of any kind......"

Do I understand you correctly - that they CHANGED the covenant to read this way AFTER your husband's issue with the board member, or is this what it said when you signed it?

 

[jeeblah]

yes you read it correctly. it also says "and other domesticated household pets provided they not raise or bred for commercial purposes." what about selective enforcement or estoppel or laches . he had four years to report me but instead he was giving me information on how to build a chicken coop and chicken feeder on facebook.

 

[jeeblah]

and yes it was like that years ago when we bought the house or when the development was developed in 1950s or 60s

 

[sadiee21]

yes you read it correctly. it also says "and other domesticated household pets provided they not raise or bred for commercial purposes." what about selective enforcement or estoppel or laches . he had four years to report me but instead he was giving me information on how to build a chicken coop and chicken feeder on facebook.

 

[sadiee21]

I believe federal law says that if a HOA does not implement a rule then the rule become null and void. So by the board members knowing you had chickens and not making you get rid of them for five years they have made that covenant null and void. Check out federal statues on HOA covenants. Hope that helps you.

 

[hemet dennis]

OK, so what was the outcome ?