Big news in TEXAS this week!

[ChickenManny]

I was just checking my CC&R's for my HOA and look what I found:

7.34 City and County Ordinances

...The ACA may not approve a variance that contradicts an ordinance, rule or regulation of the city and/or county unless the city/county has previously approved the variance.


I bring this up for you to check your CC&R's for your HOA's. It appears that mine has hung themselves with this and that their ban on poultry is illegal as here in Texas, the county or city government does NOT approve HOA's.

Check it out.

However, do not give up on this bill! We need it to be ironclad!

 

[GilligansGirls]

ChickenManny I'm not sure what you mean

But, if you live within the city, and the city has laws allowing chickens, then they have to allow them. If your county has any kind of a law allowing laws regulating chickens then they have to allow them. City and State laws trump HOA regs.
For example, we live outside of New Braunfels city limit, they allow chickens be can't. The County, Comal, has absolutely nothing in reference to Chickens. Nothing saying how many you can have 6, 15 a hundred, nothing. We have tried to get them to add something to the county laws but they "don't want to get stuck in the middle. But if I wasn't in this stupid HOA I could have chickens!
The city is talking about annexing us, if they do, we can have chickens! I don't want to pay city taxes but if that what it takes I will welcome it. The way things are looking that might be my next and only hope.

 

[ChickenManny]

ChickenManny I'm not sure what you mean

But, if you live within the city, and the city has laws allowing chickens, then they have to allow them. If your county has any kind of a law allowing laws regulating chickens then they have to allow them. City and State laws trump HOA regs.
For example, we live outside of New Braunfels city limit, they allow chickens be can't. The County, Comal, has absolutely nothing in reference to Chickens. Nothing saying how many you can have 6, 15 a hundred, nothing. We have tried to get them to add something to the county laws but they "don't want to get stuck in the middle. But if I wasn't in this stupid HOA I could have chickens!
The city is talking about annexing us, if they do, we can have chickens! I don't want to pay city taxes but if that what it takes I will welcome it. The way things are looking that might be my next and only hope.

My home is located in Bexar County, just south of the Kendall County line. Bexar county has no restrictions on chickens, which means it is lawful in the unincorporated area (non-SA City control) to have. Regrettably, there is not much left to the county that SA City hasn't annexed. Fortunately, I live in the unincorporated area, but we presently are being annexed, unless the legislature in the special session passes SB715, to which we will then have a vote.

There is nothing by law preventing me from having chickens. I want the Chicken Bill to pass so it settles the question. Then I can hit my HOA full broadside and scuttle their ship. It's all about the timing of things. All I want is 3-6 hens to lay Jumbo Brown Eggs. That will make me happy. I can put the chicken poo into the composting machine made by envirocycle ( https://www.envirocycle.com ) along with other household waste to produce compost that I can use, and my neighbors can use as well. It's a win-win all the way around.

My HOA put in their rules a clause which states they have no right to override legislative enactment of law, which is what I posted. I shared this so that anyone else living under the jackboot of oppressive HOA's can see if they have the same article, and if so, fire a full broad side and have your chickens.

I can support HOA's to a point. I don't want my neighbors painting their house hot pink, lime green, or radiant purple. I want folks to keep their yards maintained. But what I do on my property is my business and no one should be able to tell me what I can or cannot do. Nor should I be fined because I want to exercise the liberties given to me by my elected officials by a usurping non-elected, self-imposing, busy-body few who think their ideas for the neighborhood are the only ones who count.

Lets keep pressing for SB1620. This may be the HOA's Alamo!

 

[GilligansGirls]

OK, here is how it works because we had people go to court over it. If the county does not state that you can, or that you cannot, there essentially is no law. But, if your HOA CCR's restrict poultry etc. then you cannot have them.

 

[NorthTexasWink]

As I understand it, when you buy a property located in a HOA, you sign their contract or agreements or covenant or deed restrictions or whatever they call it. That becomes a legally binding contract between you and the HOA. Like any other legal contract, you will see language in there that says something to the effect that neither party is asking or condoning the breaking of law by the other. That is pretty standard. It does NOT mean that you can't contractually agree to do or not to do other things that may be specified in the contract. Things like agreeing to maintain certain landscaping standards, paint colors, fencing standards, etc that are not in violation of the law, but also not required by it. You see what I mean? So yes, a HOA can still have a list of their approved paint colors, fencing materials, tree species, and can say no goats or horses or chickens or pigs or ducks or even any outdoor pets. If you signed that contract, the only way to get it changed is to have all parties agree to the change. In the case of a HOA, they generally have a process for this in their bylaws. It CAN be done, but you have to understand why HOAs came into existence in the first place was so people didn't have to live with purple and lime green houses next door. Or chickens. So while it CAN be done, it ain't an easy sell in most HOAs. I wish it wasn't so. I do wish y'all living in HOAs well, but like I said before, I think most of you are SOL until you move out from under them.

 

[Porkchoptx]

What if the majority of the people in the neighborhood got together and said we all want this If the people who enforce the HOA live in the neighborhood maybe they want chickens too so don't give up hope. Is that possible?

 

[NorthTexasWink]

Porkchoptx, read your HOA documents. Somewhere you will find the instructions for changing or amending the bylaws. I'm not a lawyer and I have successfully avoided HOA entanglements myself, so all I know I've learned from studying and asking those who deal with such regularly.

 

[NorthTexasWink]

There is a phone app called "Next Door" that links up individuals in their own neighborhoods for things of local interest like hobbies, local events, sales of personal items/yard sales, crime and safety alerts, neighborhood watch, lost/found pets, and just chatting. I've found it a terrific way to connect with immediate neighbors and fostering a sense of community. You can google it and create a new group if one doesn't exist where you live. It might be helpful to you in checking the pulse of the people in your HOA and getting folks together to get the bylaws changed. Check it out!

 

[Porkchoptx]

Thanks for the advice but I was asking for others that might be reading this post I am fortunate not to be in a HOA but currently my town does not allow chickens within the city limits so I have my fingers crossed for this bill to pass

 

[NorthTexasWink]

Yay Porkchoptx! I do expect that Texas towns, cities, and municipalities will have to change things if this bill becomes law. That's great! I sent emails to the same roster I used when I was communicating with legislators about vape laws. If I've heard back (haven't checked today) I'm sure it is the usual form letter. But at least they know their constituents have an opinion and that we are watching.