Big news in TEXAS this week!

[g137556s]

Unfortunately, the HOA can prohibit keeping chickens. This is because you signed a contract to abide by the covenants of the HOA. I will attempt to get our HOA to remove the restriction of keeping poultry.

 

[Kiki]

Unfortunately, the HOA can prohibit keeping chickens. This is because you signed a contract to abide by the covenants of the HOA. I will attempt to get our HOA to remove the restriction of keeping poultry.

yes as of right now the HOA can prohibit keeping chickens, but WHEN the STATE LAW passes later (hopefully) this year, the HOA will not have the right to prohibit keeping them.....No one will have the right to prohibit 6 hens.

 

[Red5]

We have nazis here in small town municipalities, unless you are grandfathered in or live in the country it's no birds yet a multitude of cats roam the night.

 

[g137556s]

yes as of right now the HOA can prohibit keeping chickens, but WHEN the STATE LAW passes later (hopefully) this year, the HOA will not have the right to prohibit keeping them.....No one will have the right to prohibit 6 hens.

The state law mandates local municipalities abide by the law. A contract between you and the HOA is different because the HOA is not a municipality. It is no different than if you signed an agreement with your next door neighbor stating that you will not paint your house purple with pink polka-dots and you won't raise poultry. That is what you signed when you bought your house that has covenants and regulations. Therefore, even if the state says the city cannot stop you from raising chickens, the HOA can because it is a contract between you and all of your neighbors.

I don't mean to sound contentious, I want my chickens again. My wife and I miss the girls and the fresh eggs! But my HOA does not allow it and regardless of the law I need to have 3/4ths of my neighbors to agree to make it change here.

 

[TxAg11]

Here's an update on the Bill. Click on the "Bill Stages" tab on the right. The Bill passed the Senate last month, but still has to make it through the House. http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1620

****Please call your representatives and ask them to support this bill!!!!!!!!!****
Personally, I would make it a point NOT to re-elect any Rep. that opposes this bill, even if that means voting for someone from a party I don't normally support.

 

[The Moonshiner]

While everyone is making the phone calls cant someone ask about this whole hoa deal and find out exactly what is going on with whether or not they can stop you from having them?

 

[TxAg11]

I just called my HOA to ask. They were a bit taken aback, but when I explained the premise of the bill they said "well, the HOA always has to follow the same state laws that the city does, so we would follow suit and amend our guidelines to fit the new bill".

I'll be calling the director of our HOA and my reps (again) later this week.

 

[Kiki]

I just called my HOA to ask. They were a bit taken aback, but when I explained the premise of the bill they said "well, the HOA always has to follow the same state laws that the city does, so we would follow suit and amend our guidelines to fit the new bill".

I'll be calling the director of our HOA and my reps (again) later this week.

My HOA board member told me the exact same thing.

 

[The Moonshiner]

I just called my HOA to ask. They were a bit taken aback, but when I explained the premise of the bill they said "well, the HOA always has to follow the same state laws that the city does, so we would follow suit and amend our guidelines to fit the new bill".

I'll be calling the director of our HOA and my reps (again) later this week.

Thats how I thought it would be.
I wouldnt be asking a HOA and taking their word for it though Id call whoever wrote the bill or at least someone that really knows whats going on with it just to be sure.

 

[Clownfish Chris]

I am a legal assistant for a Lawfirm. I asked one of the attorneys about this and the answer was simple. If the law changes after the signing of a contract or agreement with the HOA, the state law will prevail. That is why most contacts you sign in Texas have a severability clause. Once the law changes, that portion of the contract becomes void and the rest remains in tact.

The short of it is that if passed, this bill will prevent anyone in Texas, HOAs included, from restricting to less than 6 backyard hens.