Welp, the HOA was notified

[Ninjasquirrel]

HOAs tend to be largely ignored by the members, unless they are being fined at the time. Nobody considering a career in public office begins that effort with their local HOA. That means there are few who seek HOA office, and the elections typically have very low turnout.

Your best chance at amending the HOA bylaws to allow a small number of poultry is to get a seat at the table.

Or possibly getting the HOA dissolved. My in-laws were in an HOA when they moved into their house. The neighbors all agreed that they didn't like it so they dissolved it. Not likely to have that happen if you're in a gated community though. Some people are all for HOAs because they keep their neighborhood looking nice. It's also fair to note that HOAs can enact new laws and you could be grandfathered in. At any point in time they could just say "yea...we don't like chickens" and then ban them. I'm not a fan of the overreach myself but I will say that they keep your house value up. We're not in one and the neighbor across the way has dropped our property value simply because of how unkempt his property is. I don't plan on selling anytime soon but if I did I'd be very irritated by that. I grew up in an HOA and it was nice because it encouraged people meeting and knowing their neighborhood. But...we couldn't have chickens.

 

[Vickischics]

Sorry to read about your tough situation. Living in an HOA is tough hence, the reason we sold and moved out of one. Changing bylaws are also tough. Knowing the rules before you moved into an HOA is always best policy.
Your HOA does have an Attorney perhaps you can contact him/her and see what options you have or don't have. I'm going to say, you probably don't have many because it takes A LOT to get bylaws changed and that won't happen within 10 days. Best option for you right now, is to rehome your flock or they WILL fine you. Did you also check your city ordinance before you got chickens 5 years ago?
In the meantime. I'd say check that too because you might not even be zoned for chickens.
I'm sorry your experiencing this.
But, this problem is self created as you are breaking your HOA guidelines and worst part know it.
Sick chicken, allergies ect is not going to stop a HOA from enforcing the rules. Rules are rules and everyone must follow them or you'll be fined or move out.
Sorry.

 

[NanaK]

I see you are in NC, so am I. I do know of at least 2 HOAs in my area who in the last couple years have made amendments to their by-laws to allow up to 6 hens but no roosters. So yes it can happen.

I know this because we own investment property on the coast in one of them. I used to be the HOA's secretary. I resigned that position a few years ago. There are members there from all over the country, from all types of backgrounds. Not all HOAs are hard to get along with.

With that said....we never intend to live there! Our property that we live on is NOT in an HOA and our deed has no restrictions.

Also whoever issued that letter to you, may not have all the laws straight themselves. I would think it at least possible that they may have to give you more than 10 days. Many attorneys will talk to you on the phone without cost or for a small fee maybe a short appointment.

Good luck!

 

[Brooks_]

Sounds like just the beginning of problems. After 5 years, the HOA likely knew of the birds and turned a blind eye. Someone complained and they had to act. What;s next? House color? Vehicle too old? Grass 1/4" too tall?

 

[U_Stormcrow]

Sounds like just the beginning of problems. After 5 years, the HOA likely knew of the birds and turned a blind eye. Someone complained and they had to act. What;s next? House color? Vehicle too old? Grass 1/4" too tall?

well,, if the complainer has a variable rate mortgage whicih is going up, and a property tax bill which is going up (due to housing price appreciation, even if the millage rate hasn't changed), and a home insurance bill which is going up (because building repair/replacement costs are way up) then they have substantial financial motivation in trying to ensure they don't soon find their mortgage under water - and are more likely to blame the neighbors for their loss in home value rather than the state of the economy generally or their choice to buy during a bubble with a variable rate in a time of rising rates after two decades of zero or near zero fed funds rates...

Yeah, the complaints have likely just begun.

 

[Dinogrrl]

I'm sending the HOA a response tomorrow, re: medical issues (for me and the one hen), and some other things. Won't hurt to at least ask for a discussion, I guess.

(Also I always lol about 'property values', this neighborhood was a POS back when it was built 30 years ago. My view is that if you're going to get 'whoops there goes the neighborhood' over less-than-perfectly-manicured lots, you should have gotten a house in a different part of town.)

There is NO WAY they didn't know about the chickens before now. I don't have a privacy fence, you can see into part of my back yard from the road so like...yeah. They knew. They totally knew.
Anyway. Yes, I know full well I was courting danger with the chickens here. I am just baffled and frankly angry that after all this time, someone who isn't even one of my immediate neighbors (who are all fine with the chickens) has decided they don't like them, and didn't come talk to me about it first before turning into a Karen. I have my suspicions on who did it but it doesn't matter in the end.

I did however put a nice padlock on my gate tonight. Just in case.

ETA: The ironic thing is that I DID consider joining the HOA board a few months ago! And then I didn't, because I had other things come up. Guess I should have...

 

[NanaK]

Also I always lol about 'property values', this neighborhood was a POS back when it was built 30 years ago. My view is that if you're going to get 'whoops there goes the neighborhood' over less-than-perfectly-manicured lots, you should have gotten a house in a different part of town.

Hmm, maybe you should read through the covenants and restrictions for your HOA and ride through the neighborhood. I'd take note of other infractions. Don't say anything, yet. If there are many other neighbors not complying, it could give you a bit of bargaining power.

Just a thought.

 

[Dinogrrl]

Hmm, maybe you should read through the covenants and restrictions for your HOA and ride through the neighborhood. I'd take note of other infractions. Don't say anything, yet. If there are many other neighbors not complying, it could give you a bit of bargaining power.

Just a thought.

That is true, and I do know of at least one other person who owns (or did own) chickens in the neighborhood.
I'm very leery of throwing other people under the bus for my own sake though. The only way I'd feel comfortable doing that is if I could either A) prove they targeted me and did not equally apply the CC&R to all members, and/or B) I found so many infractions that the HOA would have to go after the majority of the members in order to bring everything 'up to snuff', in which case I'd imagine they'd have something of a riot on their hands.

It's definitely something I've been keeping in the back of my mind, but I'm not sure I have the time or energy (or money) to put into that sort of fight.

 

[NanaK]

This is what I was thinking about.

I found so many infractions that the HOA would have to go after the majority of the members in order to bring everything 'up to snuff', in which case I'd imagine they'd have something of a riot on their hands.

I wouldn't do this either.

I'm very leery of throwing other people under the bus for my own sake though.

 

[Mother-Hen-Michele]

Hmm, maybe you should read through the covenants and restrictions for your HOA and ride through the neighborhood. I'd take note of other infractions. Don't say anything, yet. If there are many other neighbors not complying, it could give you a bit of bargaining power.

Just a thought.

I am going to 'steal' two of the ideas that have been thrown in and combine them.

Go through the rule book, ride/walk around making a list of all the infractions you see and then suggest that the association be dissolved as ALL these rules are just hanging over people who are otherwise law abiding. They won't like the idea, in exchange for dropping the idea ask for the option to keep 'just these' until the end of their natural life. The medical issue and that these are old and therefore hard to rehome should be focused on.

I asked for that from my municipal inspector. I pointed out they were already old and made a vague statement about, 'and you know they just don't live that long anyway'. The person I was speaking with (obviously) had no idea of the potential lifespan of a hen but he didn't want to point out his lack of knowledge, so he nodded as though he knew.

We plan to sell the house in the next 5 yrs and I don't want to replace the girls when they die, just keep them happy as long as God leaves them in my garden.