Big news in TEXAS this week!

[The Moonshiner]

This is going to be interesting to follow.
Its not that the city is required to allow chickens.
Its that the state is making it illegal to deny chickens.
HOAs have to follow state laws, right?

Not these kind of laws the state doesnt care if I park a boat in my front yard but my hoa does and has rules against it.

HOA CC&Rs are contracts agreed to by all parties involved and you agree when you move in. The state doesn't care what rules the 2 parties agree to. It's just saying for those who live in unrestricted neighborhoods the local public government can't prohibit less than 6 chickens.

These are 2 completely seperate issues.

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I understand HOAs to a point.
I agree about your boat example. Thats what they do. They make rules and restrictions that go beyond state and city restrictions.
Just like no boats in your front yard. Cant paint your house pink and purple. Cant have your grass waist high. etc. etc. Anything they decide they dont want they put in a contract and you sign it and have to live with it.
You dont see HOA contracts saying things like you cant drive drunk, you cant run around assulting people, you cant sell drugs, etc.
Theres laws against those things so they dont have to include them. The higher power will protect them against those issues because they are laws.
A law is a law. I have to follow them you have to follow them and HOAs have to follow them.
If the law is that you can not be denied owing chickens how would a hoa be able to ignore the law and say you cant own them.
You cant make a contract that states something is allowed that a law says isnt allowed. Or that states something isnt allowed that a law says is allowed. It wont hold up.
If i dont like a law and you dont like the same law we cant just write something up saying that law dont apply to us and then get away with breaking it because thats what we want to do.

 

[The Moonshiner]

Hoas prohibit a lot of things that city's and states allow I don't see how the city being required to allow chickens would have any effect on the hoa

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Yes but do HOAs ever allow things that the city or state does not allow?

 

[jlivings]

It's the wording of the law that makes it not apply to hoas. It says no political subdivisions can prohibit less than 6 chickens.

So it's saying your local government can't prohibit them, not that you have a right to have them.

No where does it say that a hoa or landlord for that mater can't prevent you from owning them.

I hope I'm wrong but as someone who enforced laws for a long time and had to read and memorize laws this is how I am interpreting it l.

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[ChickenMama79]

I'm not in an HOA neighborhood, but maybe it's time to write your representative to make sure HOAs are included in this law- I mean make sure it explicitly states that an HOA can't keep you from having 6 hens.

 

[The Moonshiner]

It's the wording of the law that makes it not apply to hoas. It says no political subdivisions can prohibit less than 6 chickens.

So it's saying your local government can't prohibit them, not that you have a right to have them.

No where does it say that a hoa or landlord for that mater can't prevent you from owning them.

I hope I'm wrong but as someone who enforced laws for a long time and had to read and memorize laws this is how I am interpreting it l.

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Oh
I get what youre saying now.
Idk what I was thinking. I forgot the government cant ever make anything simple or clear to the common people.

 

[Kiki]

It's the wording of the law that makes it not apply to hoas. It says no political subdivisions can prohibit less than 6 chickens.

So it's saying your local government can't prohibit them, not that you have a right to have them.

No where does it say that a hoa or landlord for that mater can't prevent you from owning them.

I hope I'm wrong but as someone who enforced laws for a long time and had to read and memorize laws this is how I am interpreting it l.

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Section b of this bill covers this part.

In english it states that rules can be made to limit the number you own, including no roosters but the rules they make up can NOT PROHIBIT you from having at least 6 girls.

 

[jlivings]

I'm not in an HOA neighborhood, but maybe it's time to write your representative to make sure HOAs are included in this law- I mean make sure it explicitly states that an HOA can't keep you from having 6 hens.

Agreed this is the right next step.

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[myfavoritechicken]

So excited about this, can't wait! Chickens should be as equally accepted as pets as dogs and cats!

 

[Kiki]

So excited about this, can't wait! Chickens should be as equally accepted as pets as dogs and cats!

yes they should.

 

[rbgoff]

My understanding is that there cannot be anything to prohibit the raising of chickens. An HOA can make rules all day about the coop or placement of the coop so long as it doesn't prohibit the ability to have chickens.

In the boat example, there is not a law on the books that says you ARE allowed to park your boat in front of your house, same thing with paint color, etc. Since there is no law explicitly allowing these things, they are subject to restriction and preference through HOA. This is the difference from how it was explained to me.

Once we get closer to the law being enacted, hopefully there will be more that clearly outlines that information though. Fingers crossed!