Chickens and Homeowners Associations

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by tkvance, May 12, 2009.

  1. tkvance

    tkvance Out Of The Brooder

    31
    0
    22
    May 12, 2009
    I live in Laguna Niguel, CA. It is South Orange County. The big problem that we have here is with Homeowners Associations. From what I can tell, raising a small number of chickens is legal from the city point of view, but its the HOA that tries to say no.

    Does anyone out there have experience working with the HOAs and getting allowance for raising chickens?

    Thanks,
    Tommy
     
  2. horsejody

    horsejody Squeaky Wheel

    6,923
    26
    271
    Feb 11, 2008
    Waterloo, Nebraska
    Some of those HOA people are real power hungry jerks. It seems that, unless you have naked pictures to blackmail them with, the lawn Nazi's rule with an iron fist. Hopefully, your HOA isn't that bad, but I have heard horror stories. I, for one, will never live in a place with covenants because it would drive me nuts.
     
  3. okiron

    okiron Chillin' With My Peeps

    452
    0
    129
    May 7, 2009
    Sacramento, CA
    Quote:I second this.
     
  4. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,149
    291
    401
    Jan 4, 2009
    Tempe, Arizona
    The size and nature of your HOA will give you a better idea of how likely they are to make exceptions to the rule.

    First of all, look to your documents: articles of incorporation, CC&Rs, Bylaws. If the Articles or CC&Rs disallow poultry, the board cannot approve an exception; they do not have that power; you would have to follow whatever procedure they prescribe for amending the CC&Rs. If the Bylaws disallow poultry, depending on your state laws and your CC&Rs, the board may be able to amend them, thus allowing your exception..

    If, rather than "poultry" the documents specify "livestock" you may argue that they are not livestock, but are pets, and unless pets are covered in the documents, you can certainly fight any ruling against you by the board, and have a reasonable chance of winning (assuming that they are primarily pets).
     

BackYard Chickens is proudly sponsored by