City allows chickens, neighborhood does not. How to change?

[alhanse77]

We live in a medium-size Idaho town (pop. ~20,000). Our city allows us to keep a small flock of chickens, but our community covenants do not permit the keeping of chickens in our neighborhood. We would like to go about petitioning to be able to keep 4 hens on our 1/4 acre lot. Most of our neighbors don't care, but we already have one that is ready to cause a big stink. Has anyone had experience changing community covenants to allow the keeping of chickens? Any suggestions? Thanks!!

 

[alicefelldown]

There are lots of good threads about altering covenants in this section of the board.

Take a look around - pull up a chair and make a big pot of coffee. Lots of good advice here.

 

[theFox]

Quote:
You need to get a copy of those covenants and anything that you can find on the mechanism (if any) that was set up to enforce them.

You should be able to to get that information at the registry of deeds (some of it would be with the plat or subdivision filing).

If there was no mechanism for enforcement then anyone that wants them enforced will have to take you to court.

There may or may not be a means to change those covenants (varies with how the stuff was setup and/or state law). Frequently the only way to be able to change them is if 100% of the property owners agree and the agreement is filed with the registry of deeds.

You need to do your homework and for heavens sake do not just get chickens and see what will transpire, you could wind up without the chickens, your home, and a lot of money.

 

[Cindiloohoo]

Get half a dozen monkeys instead and keep them caged close to their side of the property, then in 6 months they'll be happy with chickens. There are ways to get around everything, you just have to be creative.

 

[onecent]

Quote:

 

[Coopa Cabana]

Hopefully, there are some links here that might be helpful:

https://www.backyardchickens.com/forum/viewtopic.php?id=316045

 

[secretquail]

I've run into the same problem. Our neighborhood requires 75% of the homeowners to agree. Instead of fighting (no one would lend a hand) I opted for quail. I think I might get a duck too! I have friends, though, that will take my pets if the hood boots them. Just be carefull, a lein on your house would really stink!

 

[Sonoran Silkies]

FWIW, there is probably already a lein on the house (assuming HOA or condominium); foreclosing on the lein depends on state law. In AZ can only foreclose based upon assessments in arrears for a significant $$ or time amount. Cannot foreclose based upon fines or broken covenants. However, can sue for either of those (as well as unpaid assessments), and none of it goes away when property transfers to a new owner. However, the lein prevents title from transferring without payment of assessments that are owed.