Backyard chickens vs HOA

Discussion in 'Local Chicken Laws & Ordinances' started by MrRodgers, May 17, 2019 at 12:45 PM.

  1. MrRodgers

    MrRodgers In the Brooder

    9
    1
    30
    Jan 11, 2016
    Has anybody had problems with their HOA regarding backyard chickens? In my city and state (Albuquerque, NM), they're legal. I only have 3 hens, so there's no noise problems. But my HOA governing documents say “no animals, livestock, horses, insects or poultry of any kind shall be kept, raised, or bred in the Subdivision.” I know each HOA is different, but if you came across this problem, what did you do? Did you try to fight it? Talk the HOA to make an excemption? Or just gave in and got rid of your chickens?
     
  2. ChickenCanoe

    ChickenCanoe Free Ranging

    26,819
    12,342
    747
    Nov 23, 2010
    St. Louis, MO
    It depends on your relationship with the members of the board.
    In my experience, HOA indentures trump any ordinances.
    City ordinances are much easier to change.
    I'm organizer of a BYC meetup group with 700 members. Several of the members have had battles with HOAs and always lost, some after years of legal battles.
     
    SurferchickinSB and DobieLover like this.
  3. DobieLover

    DobieLover Easily distracted by chickens

    6,000
    43,098
    1,122
    Jul 23, 2018
    Apalachin, NY
    My Coop
    Well.... first I'd never live in a HOA by choice.
    Second, if I had no other choice, I'd check the by-laws before getting chickens to make sure they were allowed before spending one penny on my new hobby.
    If you have found yourself in the situation where the rules very clearly state you cannot have them but you got them anyway and now neighbors are none to keen on the idea, your best option would be to try to change the by-laws. I would research if other HOAs in your region allow a few hens. Then use that leverage to try to get a petition going in your own HOA and work to change the restrictions.
    Unfortunately, the rules are not in your favor. Some people just do not want to live around livestock and that is why they chose to live in a restricted community. They will adamantly oppose the change.
     
    ChickenCanoe likes this.
  4. MrRodgers

    MrRodgers In the Brooder

    9
    1
    30
    Jan 11, 2016
    That's the thing. I THOUGHT I read the CCRs clearly (which is 200+ pages long) and I must've missed the part saying my quote above. However, I've been at the house for 2 years, my neighbors love the chickens and have never seen or heard a complaint before. I don't know where the heck this notice is coming from if nobody is complaining about them. I'm in the military and we move every few years. I'm moving out again in exactly one year from now. I imagine changing by-laws will be a long process that would last longer than my time at the house.
     
    ChickenCanoe likes this.
  5. Acre4Me

    Acre4Me Crowing

    1,948
    3,340
    327
    Nov 12, 2017
    Western Ohio

    Sorry to hear about the problem! In your situation, I would just give/sell the girls to someone who will care for them. In the future, try to place yourself where you can have chickens and look forward to a new flock, and picking your next breed(s). Good Luck and thanks for your service!
     
    SurferchickinSB and ChickenCanoe like this.
  6. ChickenCanoe

    ChickenCanoe Free Ranging

    26,819
    12,342
    747
    Nov 23, 2010
    St. Louis, MO
    Truer words were never spoken.

    HOAs are intractable. I fought my city to allow chickens along with some other keepers in the city limits. We packed city hall every 2 weeks and after a year, we can now do whatever we were doing before. The city also made allowances for HOAs so they didn't have to allow chickens.
     
    SurferchickinSB and DobieLover like this.
  7. The Moonshiner

    The Moonshiner Professional Chicken Tender

    4,154
    9,191
    451
    Nov 17, 2016
    Missouri
    Wow. 200+ pages.
    That's reason enough that I would of looked elsewhere.
    I can't image letting someone or group of someone's having that much to say about what I can or can't do on my own property.
     
    SurferchickinSB and DobieLover like this.
  8. No More Empty Nest

    No More Empty Nest Songster

    605
    1,797
    226
    Mar 15, 2018
    SE Wisconsin
    Maybe if you tell them you're going to move, they'll let you have them till you do? But I'm an incurable optimist, lol.
     
    SurferchickinSB and ChickenCanoe like this.
  9. FlyWheel

    FlyWheel Crowing

    1,960
    1,883
    252
    Mar 19, 2016
    35.111165 -81.226586
    My Coop
    IMO HOA's are the conception of and are populated by crotchety old farts who hate everyone and everything. And I don't think I'm alone in that assumption; why else would most if not all realtors exclaim NO HOA! In all capitol letters in their listings?
     
  10. Deny it. What chickens I do not know what you are talking about. They do not have a right to enter your property keep them out of sight.

    Gary
     

BackYard Chickens is proudly sponsored by: