CENTENNIAL, COLORADO - HOA BATTLE -SUPREME COURT CASE

Discussion in 'Local Chicken Laws & Ordinances' started by kcrowe47, Sep 13, 2018.

  1. kcrowe47

    kcrowe47 In the Brooder

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    Hey everyone! We are currently battling our HOA over our right to have chickens as "domestic household pets" and after a lot of research we came across a few cases, one by the Colorado Supreme Court in 1970 that supports our cause and I wanted to share it with you!!
    https://law.justia.com/cases/colorado/supreme-court/1970/24283.html

    Other court cases in other states can also be used as evidence if there is not a direct precedent in our state:
    http://www.santafenewmexican.com/ne...cle_5ba779d5-5e38-5fe8-acdb-ada6b41d2e2b.html

    If your HOA prohibits chickens but then makes an exception for domestic household pets, you have a solid argument (and I believe a right) to have chickens as chickens CAN BE domestic household pets under the law. GOOD LUCK!
     
    Brahma Chicken5000 likes this.
  2. Tortoise

    Tortoise Songster

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    I live in the city of Chicago. We are allowed chickens and even roosters and there is no limit. I am always amazed at some of the places, that don't allow them. Also amazed that Chicago does without a limit.
    Good luck in your fight.
     
    kcrowe47 and Brahma Chicken5000 like this.
  3. PirateGirl

    PirateGirl Chicken Lover, Duck Therapist

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    Interesting. If the chickens are indoor chickens I can see them being classed as a domestic household pet in the same way a canary or a parrot would be. Generally HOAs care more about what's going on outside the home, in your yard and the common areas, where it can affect everyone. Also all CCRs are disclosed prior to sales so knowingly violating them wouldn't work in your favor. We'll see how it all shakes out.
     
  4. kcrowe47

    kcrowe47 In the Brooder

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    While initially I thought the term "household" would require some standard of living "within the house", the courts have determined differently. If the HOA does not clearly specify a definition of "household pet" then the definition defaults to what has been determined in the courts and the courts have agreed over and over that chickens can be classified as a "pet" and a "domestic household pet" if not used for commercial purposes. I urge you to read the cases! Also, there are many neighborhoods that operate under this language with a prohibition to chickens with the exception if they are kept as domestic household pets.
     
  5. kcrowe47

    kcrowe47 In the Brooder

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    Also, let's not forget that chickens are probably the most prevalent domestic household pet in the world! :) Anyways, it took us a while to find this information and I thought it could be quite useful to others, specifically those living in Colorado.
     
  6. wyoDreamer

    wyoDreamer Crowing

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    I wish you luck with your fight.
    Thank you for sharing that information, it could not be easy to find. Colorado amazes me that most places in the state ban rain barrels - you see, the rain falling from the sky belongs to the rancher downstream as soon as it hits the roof and runs off.

    I lived in Cheyenne, WY area and was amazed at the number of people in Cheyenne that had their minds dead-set against chickens. Their opinion seemed to be that chickens belong on farms and if allowed in the city - a neighbor having chickens would bring down the value of their house because they make the neighborhood look "poor". Of course, the 2 dead vehicles parked along their garage with long grass and weeds growing around them doesn't look hillbilly at all!
     
    WthrLady likes this.
  7. wyoDreamer

    wyoDreamer Crowing

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    I take it you are asking for an exception to the "No livestock" rule in your HOA agreement. Those HOA agreements are usually so cookie cutter it is tragic. The developer of our sub-division just took an agreement from another sub-division and changed the name on it. He even missed the other subdivision name in a couple of places and somehow missed the last 3 pages of restrictions (we had 8 of 13 pages in our agreement), lol.
    How many chickens are you wanting to get?
     
  8. kcrowe47

    kcrowe47 In the Brooder

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    No, our restrictions are worded “no chickens, livestock, poultry except for hereinafter provided. Nothing herein shall prohibit anyone from caring or keeping for domestic household pets.” There are no definitions therefore the covenant is ambiguous and it is the law that an ambiguous covenant must be judged in the manner that promotes the unrestricted use of property. I urge you to read the cases... this exact case has been fought over in the courts already and the judgments have all fallen to promoting the keeping of chickens as “domestic household pets.” Denver even classifies both chickens and miniature goats as “household pets”.
     
    Brahma Chicken5000 likes this.
  9. kcrowe47

    kcrowe47 In the Brooder

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    We have also paid a lawyer to analyze our case and they have confirmed that we are allowed to keep chickens under the current language! Read the cases and stick it to your HOA.
     
    Brahma Chicken5000 likes this.
  10. Brahma Chicken5000

    Brahma Chicken5000 Araucana Addict

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    :woot
     

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