Big news in TEXAS this week!

[GilligansGirls]

Here in Bexar County, Texas, county law provides that we are allowed to have backyard chickens with the appropriate restrictions. What I cannot understand is how an HOA, which is not a duly elected, governmental body, has the right to supersede county law, usurp the rights of the people, and declare illegal, or unlawful, that which the peoples' duly elected officials have deemed legal and lawful.

It is my understanding, per our board that any law city, state or county supersedes HOA covenants. We live in Comal county and they have nothing at all. We have pressed them as to why they don't say at least how many chickens you are allowed to have. Nothing

 

[GilligansGirls]

Also...getting on the board of your HOA is one way to change the bylaws.

Nope that won't work, tried that too. To change the DCCR's it as to be voted on, good luck trying to get a majority vote on that! We didn't.

 

[Krissyclarkmckee]

Here in Bexar County, Texas, county law provides that we are allowed to have backyard chickens with the appropriate restrictions. What I cannot understand is how an HOA, which is not a duly elected, governmental body, has the right to supersede county law, usurp the rights of the people, and declare illegal, or unlawful, that which the peoples' duly elected officials have deemed legal and lawful.

The HOA has the right because you entered into an agreement with them when you bought your property. It is one of the documents that the homeowner signs at closing, generally acknowledging that there are deed restrictions and agreeing to be bound by them.

The state legislature actually CAN make laws in which they specifically prohibit HOAs from having certain restrictions. That was done a few years ago (I think it's been that long already) regarding people being allowed to display flags and certain religious icons in HOA communities that prohibited such displays. But unless the government specifies the law applies to an HOA (such as keeping chickens in your back yard) then the HOA can legally add restrictions over and above what the state or municipal law says.

This is one of the reasons I moved from the Houston area - I wanted chickens. And my HOA prohibited them.

 

[Krissyclarkmckee]

It is my understanding, per our board that any law city, state or county supersedes HOA covenants. We live in Comal county and they have nothing at all. We have pressed them as to why they don't say at least how many chickens you are allowed to have. Nothing

I don't think this is correct. In Katy, the suburb I used to live in, you could only keep chickens if you had a lot that was one acre or larger. However, there are quite a few homes in Katy, that are on 1 acre or larger lots, which are subject to HOA restrictions. Those restrictions clearly say no poultry, no exceptions. For example, there is a home for sale right now in Katy Lake Estates. It is on 1.15 acres of land. According to the Katy City Ordinance, the person in that home should be able to have quite a few chickens. But the deed restrictions for that subdivision clearly say no.

 

[RoosterCogburn7]

Don't get me started on HOA's we have been looking to move primarily so we could have Chickens. Then this, and thought it was a done deal. Well if it doesn't happen I'll try and teach them to use their inside voice. Right!
ChickenManny our HOA has stated several times that state law trumps covenants. So let's keep pushing and find out what the heck happened if it dies.
I was also afraid that for most municipalities it was a mute point because lots already allow chickens and counties dont care. I live outside of the city and they can have chickens in the city, the the county has no ordinance one way or the other. It just this darn HOA!

True, HOA's collect lots of dues, which gives them access to attorney's and lobbyists. I am fairly certain there are many HOA groups that were horrified of living near chickens. You know, the same folks that think hunting is cruel and you should just go to the grocery store where they are humanely and mysteriously appear in neat packaging.

 

[FrugalFannie]

Ive been watching it too..
I wish there was a date on when it would be voting on by the House!

It won't be voted on by the house. It never made it onto the calendar for a house vote.

 

[FrugalFannie]

Kikis,

The bill went to the calendar scheduling committee back on the 21st of May, which is more than enough time to be on the schedule. I fear that someone on the schedule committee scorned it, and did not deem it a priority and it sat. I hope I am wrong.

I want this bill just as much, if not more than anyone. I strongly dislike HOA's, and this bill would be a bigger step in dismantling, at least in Texas, the unelected, people's usurping rights, politically and personally biast, HOA's, often referred to as dictatorships. I strongly dislike when people make binding decisions for others out of ignorance, or because of hidden, personal agendas.

I hope this bill passes!

The 21st was the last day to get it on the calendar. That means it's dead.

 

[GilligansGirls]

I don't think this is correct. In Katy, the suburb I used to live in, you could only keep chickens if you had a lot that was one acre or larger. However, there are quite a few homes in Katy, that are on 1 acre or larger lots, which are subject to HOA restrictions. Those restrictions clearly say no poultry, no exceptions. For example, there is a home for sale right now in Katy Lake Estates. It is on 1.15 acres of land. According to the Katy City Ordinance, the person in that home should be able to have quite a few chickens. But the deed restrictions for that subdivision clearly say no.

There are a lot or things that are on our covenants that are no longer valid. Many of these were done years, even decades, earlier. Lots of them are copies of someelses or a "stock" form. As the laws change these forms do not get changed, they could do an amendment to that particular article but that costs money and if it is not a problem why do it? The bottom line is state and city law trumps HOA regulations. I believe if push came to shove they would be granted permission. It just depends on how much hell they are willing to go through. We a guy that made everyone's life hell and made his own rules, a total control freak! We finally managed to throw him and his henchmen out. Our board is much better now, they even tried to change the DCCR's for poultry, number of horses and bring it up to date so the common layperson could read it but could we get enough people off their butts to even vote yes or no? Heck no! So here e are with illegal chickens now!
OK I feel better now.

 

[Clownfish Chris]

Here in Bexar County, Texas, county law provides that we are allowed to have backyard chickens with the appropriate restrictions. What I cannot understand is how an HOA, which is not a duly elected, governmental body, has the right to supersede county law, usurp the rights of the people, and declare illegal, or unlawful, that which the peoples' duly elected officials have deemed legal and lawful.

It is simple; they can't. They do it anyway expecting that no one is going to sue them.

 

[TxAg11]

Better luck next year?... Looks like it's back to being in hiding...