CC&R verbiage

Discussion in 'Local Chicken Laws & Ordinances' started by JHChick, Mar 8, 2019.

  1. JHChick

    JHChick Hatching

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    Hello all!
    My husband and I are looking into getting two hens (city allows 2, no roosters). Our neighbors are really awesome so I doubt they would complain as long as the chickens aren’t noisy or smelly. Anyways, our CC&R has written in a way that seems like we can have chickens. I just want to see how others interpret it:

    “No animals reptiles, rodents, birds, fish, livestock or poultry shall be key in any lot or elsewhere within the project except that domestic dogs and cats , fish and birds inside bird cages not to exceed a total number of three. Such animals per lot may be kept as household pets within any lot, if they are not kept, bred or raised for commercial purposes or in unreasonable quantities”

    Sounds like we can have them as long as they are caged? That’s my interpretation though.
     
  2. FoodFreedomNow

    FoodFreedomNow Crowing

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    The excerpted language suggests to me that the CC&Rs may define "birds" and "poultry" differently, and if so, only "birds" would be permitted as described. Can you verify the definitions?

    Actually, the way the language is written - and punctuation is important - says that fish need to be kept in bird cages, too. :gig
     
  3. JHChick

    JHChick Hatching

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    Under the definitions section ‘birds’ and ‘poultry’ are not listed.
     
  4. FoodFreedomNow

    FoodFreedomNow Crowing

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    That kind of legal ambiguity may or may not work in your favor...but I'm guessing a judge might interpret the language to intend to apply differently to "birds" and "poultry". Does anyone else have chickens in your development?

    You might be able to get away with keeping chickens in conformance with the city ordinance - but you'd have to worry about a complaint being brought. Personally, I'd seek legal counsel on the matter prior to getting chickens.
     
  5. JHChick

    JHChick Hatching

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    No one has chickens that I know of. I’ve never really walked around purposely listening for them though. Our neighbors directly next to us have caged wild cats. Strange I know. They inherited them after their parents passed away. Anyways, I’ll have to look into legal counsel on it! Thanks!

    Also, our CC&R also states no cars are to be parked on streets or driveways. But every house brakes that rule. Haha.
     
  6. dalasgalas

    dalasgalas Songster

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    I wouldn't chance it. It appears the spirit of the text is to exclude farm animals including chickens while allowing home owners the freedom to own parakeets and the like.

    Nothing is sadder than having to get rid of a pet because you can't have it where you live.
     
  7. CatWhisperer

    CatWhisperer Songster

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    Chickens are poultry. So a no according to their rules. However, if no one is policing these rules hens are pretty quiet so I think you would be safe. On another note I would talk to the neighbors with the wild cats because any feline caged outdoors is probably not in a good environment.
     
  8. IamRainey

    IamRainey Songster

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    Doesn't sound like it to me. They're saying that livestock and poultry are forbidden except for domestic pets and caged birds.

    You can press your case saying that you consider your chickens to be pets and are keeping them "caged" in a coop that's appropriate to their needs but I think you'll go to some expense to prepare for them and get bonded to them only to be told you've misinterpreted and are going to have to get rid of them.

    Better to go press your case before the fact. My bet is you'll still be told it's a no-go but at least you'll just have disappointment and not losses. But maybe you'll find you're persuasive and will get an OK. Fact is, 2 chickens are not going to be especially loud. What noise they do make is, I think, pleasant. And 2 birds in a proper, well-maintained coop and contained run won't produce much odor either. You could get bantams who won't require much space. Some poeple even keep house chickens.
     
  9. JHChick

    JHChick Hatching

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    But chickens are birds. Anyways, I do understand what you all are saying. I’ll have to just get legal counsel first. It really silly that I could have a parrot but not hens. I had a parrot growing up and that bird was loud!
    I agree the cats need to be in a better environment but unfortunately my neighbors husband just passed away so now would be the worst time to bring it up. And I’ve heard from another neighbor that she plans on moving to a smaller place. I’m not sure what she will be doing with the cats. Hopefully they become farm cats or something of the like.
     
  10. rosemarythyme

    rosemarythyme Crowing

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    Chickens are by definition poultry, so I don't think it's ambiguous.

    Even if your argument is "mine are going to be housebirds" I don't believe chickens should be kept in bird cages. Even with tiny bantams, they really would appreciate some time outside.

    HOAs really are the worst.
     
    IamRainey likes this.

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