Busted!

[stokealini]

We live on 10 acres in the country - unfortunately, the people who subdivided the original farm created some covenants and a 'neighborhood association' that prohibits poultry. We have built an enclosure which backs up to some woods that are owned by a private party - not part of our 'neighborhood'. Well, snoopy retired neighbor 'discovered' our 3 chickens while 'escorting a lost hunter out of the woods' (********!). Other neighbors are looking for info to help them decide whether to change the bylaws to allow chickens. It seems this has probably been done once or twice before by some of you - any suggestions? Thanks - Carolyn

 

[Sixtexaskings]

Hi Carolyn
Dont know if I can help you but I have had some experience with this sort of thing and won but it can really vary from situation to situation.
A few questions.How long have you lived there? You said there was some sort of neighborhood limitation of what animals you could have on the property. Did you sign an actual agreement to that fact?
I know where we live there was a "supposed" agreement like that but it had been agreed to by a third party purchaser. When he bought the land and re-sold it he did not forward the limitations to all the new buyers.
When we purchased out land we did see an agreement but were never asked to sign anything. After talking to several neighbors we found that many people were not even told about any limitations as to what animals they could own.
That might be something you could look into to.

 

[Mindychick]

Are you kidding me!!!!

You live on 10 acres and you can't keep 3 chickens??? What is wrong with people???

If I may ask.... What state do you live in???

 

[stokealini]

Upstate NY - the problem is the people who subdivided the original lot decided we needed a 'homeowners association', and one of our neighbors is from suburban NJ - retired here, and wants it to be the burbs!

 

[olefarmersdaughter]

Upstate NY - the problem is the people who subdivided the original lot decided we needed a 'homeowners association', and one of our neighbors is from suburban NJ - retired here, and wants it to be the burbs!

Problem with some people is that they want to "be country" but not "live country"....boo...

 

[lookyhereboy]

Nothing more irritating than neighbors who think they can tell you what to do on property you are paying for. Tell them if they want to pay your property taxes you will get rid of the chickens. Otherwise they can shut up.

 

[Egghead_Jr]

Home owners associations are individually specific. If indeed there was such an institution instated then it would have rules of conduct to govern itself. That would be the first place to start. What notice to the members needs to be for meeting, how many need to attend to vote new bylaws, if there is to be or ever was a governing body, etc.

Basically you'll need to read your bylaws. Also check out what penalties are entailed for failure to comply. In reality, if the association never really got going then any bylaws are arbitrary until some form of enforcement is implemented. And that right there is all you need to worry about. Without any means of enforcement then the bylaws though legal contract carry as much weight as the paper they are printed on. As an association not actively functioning is merely a matter of record until the members, individual land owners, decide to become active.

 

[Sonoran Silkies]

Depending on state laws and the language in the CC&Rs, individual property owners can usually take enforcement action if they so choose. And often times the loser has to pay all costs. That means the neighbor who dislikes them, could take you to court, and if his case prevails, you could end up paying not only your own costs, but also his.

The reality is that when you purchase property, you need to do the work to find out what if any restrictions are on the property, and if they are not something you are willing to live with, don;t purchase it.

 

[Kikiriki]

Home owners associations are individually specific. If indeed there was such an institution instated then it would have rules of conduct to govern itself. That would be the first place to start. What notice to the members needs to be for meeting, how many need to attend to vote new bylaws, if there is to be or ever was a governing body, etc.

Basically you'll need to read your bylaws. Also check out what penalties are entailed for failure to comply. In reality, if the association never really got going then any bylaws are arbitrary until some form of enforcement is implemented. And that right there is all you need to worry about. Without any means of enforcement then the bylaws though legal contract carry as much weight as the paper they are printed on. As an association not actively functioning is merely a matter of record until the members, individual land owners, decide to become active.

The association does have to stay actively registered with the government: if they have failed to do so you can now ignore the bylaws. You can search on this site (link below) because if the association collects less than $25,000 annually, they are considered a nonprofit charity.

http://www.charitiesnys.com/RegistrySearch/search_charities.jsp

If they collect more, they have to register as a corporation and pay tax. Corporations also have to file annual documents. You can search for that here:

http://www.dos.ny.gov/corps/bus_entity_search.html

If you don't comply with the rules of an active association, they do have the power to levy fines or whatever they put into their bylaws. I hope they let their paperwork lapse!

 

[Sonoran Silkies]

Quote: Restrictions disappearing into the ether if an association does not remain registered is almost certainly something that varies by state. I know that that is NOT the case in Arizona. Likewise, whether they are non-profit (at the state level) or not will vary by state, as will any need to pay taxes. HOAs are not eligible for federal non-profit status.