Chickens and Homeowners Associations

[tkvance]

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

 

[horsejody]

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.

 

[okiron]

Quote:
I second this.

 

[Sonoran Silkies]

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).

 

[Sattva]

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..

This is really helpful. I've been confused about the difference between Bylaws and CC&Rs. Our CC&Rs in our HOA specifically disallow "livestock and poultry". However, it is law in our city that each resident is allowed "up to 8 hens" but my understanding is that the HOA overrules the city law, do you know if that's correct? Any tips for working to get the CC&Rs changed?

Thank you!