Chickens and HOAs

[gnovitske]

I have not yet started construction of a coop but am considering doing so sometime soon. Per my country regulations (Hillsborough, Florida), we are allowed up to 4 hens and no roosters. I already discussed with my closest neighbors and they have no problems but I am anticipating trouble from my HOA. Pertaining to animals, my HOA says the following:

"Animals: No animals, livestock, or poultry may be raised, bred or kept anywhere within the property, ..."

"...except that no more than two (in the aggregate) dogs, cats or other conventional household pets may be kept upon any lot so long as they are not kept, bred or maintained for any commercial purpose."

"No outside animal pen, cage or shelter shall be constructed without approval of the architectural committee."

The first part appears pretty blatant, No Poultry. However, am I interpreting this right to say that if I raise them for "commercial" use I am in the clear? As long as I have the intent to sell them (or the eggs). So while the commercial purpose loophole might work, technically they would never have to approve my building a coop if they didn't want to.

Has anyone ever seen the lower half of a kids play fort being used for a coop while the upper used for the kids?

I wouldn't think there would be any health concerns assuming the coop is properly cleaned. I am thinking of attempting to conceal the coop as much as possible. I have no backyard neighbors and plan on placing the coop next to a large tree, providing shade and concealing it from one side neighbor. The extension of the play fort will conceal the coop on the other side. My last concern being noise levels. While I have read they are not super loud, I am wary of somebody walking by on the street and hearing them in my backyard. I am looking into an aquaponics setup as well and hoping the running water sounds will drown out most of the noise.

Sorry for being long winded. Any suggestions or advice would be great.

Thanks,
Grant

 

[Wynette]

Hi, Grant - welcome to BYC, I'm glad you found us, and I do hope you get a more substantive reply from someone more "in the know" than me. I hate to sound like a wet blanket, but it sounds like you are....out of luck. First, it's the wrong thing to do to try to skirt around the law, in my opinion. You'll find oodles of stories on here about folks doing the same thing, and paying the price. To me? I'd think a direct approach to you HOA in the form of a request, with information as to your plans for cooping them and raising them up would be the most appropriate way to go about things. Since you already have approval from your closest neighbors, why not ask them to write a recommendation letter that you could also include in your request to the HOA? Just a few thoughts. Hope things work out for you to be able to have a few chickens; they certainly do add a lot to your life.

 

[gnovitske]

Thanks Wynette. I am not thrilled with the idea of trying to bypass the HOA either. Paying the price for buying a home in an HOA community I suppose. I have a neighbor nearby who was on the board a few years back so I am planning to talk to him and see if I can gain some insight prior to construction..

 

[2poor]

"However, am I interpreting this right to say that if I raise them for "commercial" use I am in the clear?"

The way I read it, even normal household pets aren't allowed if they are being raised commercially, i.e. for sale as with a breeder.

 

[Wxguru]

Unfortunately your HOA is solid...that is how 99% of HOA's have that exact clause in it. You are mis-interpreting the commercial piece. It says you can't do it for commercial purpose, and says conventional animals....which chickens do not fall under.
Now...as far as the HOA goes...if you want to challenge it and attempt to build, you can hold your ground and tell them to take you to court....but that is up to you to see if you can "call their bluff" so to speak. Hardcore HOA's won't think twice about it and will haul you in court quicker than you can say "wait a minute".
I wouldn't want the stress of that and the black eye of the neighborhood. No matter what your neighbors say.
What you could do is go door to door and get atleast 51% of them to be for adding the allowance for hens, and petition your HOA to change the BOA. It can be done if you do the groundwork. Good luck and keep us all updated. You can be victorious in this!

 

[duckets]

Good Tuesday Afternoon gnovitske,

Wxguru is absolutely right, trying to contest the regulations of a HOA is akin to contesting 'yourself' so to speak, because you willfully signed into this binding contract. However everyone is correct in suggesting that you should first approach your neighbors, then approach the board itself for a 'written' waiver.

Instead of the word chickens, use terms along the line of 'exotic fowl', silkies, etc, waivers are usually only given for aesthetic improvements so as not to lower property values.

I've heard of HOA rules that didn't allow playhouses, or the 'smell' of a BBQ, much less a grill itself. And after losing in a legal contest, you will be held liable for all legal expenses, including what the HOA incurs. Yep, approach all of the neighbors, maybe introduce them to the BYC site, and you might interest other Folk's who would also like to care for a few birds as a 'hobby'.