City passed chicken ordinance (YAY!) but HOA says no

[BruceAZ]

I've dealt with a lot of HOA's and very, very, few of them want to litigate unless the issue is seriously detrimental and ongoing issue. This includes Country Club HOAs with virtually unlimited funds.

There are neighbors and a type-A HOA inspector who will try to remove your chickens. If you go into it knowing that it can happen, go for it, just be prepared to sell or give away everything. I've talked to hundreds of people that live in a "no chicken" HOA but have had chickens for years, the neighbors are typically the deciding factor. Roosters are definitely a no-go, and more than a few hens will also get people looking in your back yard.

HOA fees and penalties are 100% dischargable in a bankruptcy, that is a mis-conception since most people try to keep their house in a BK and the HOA fees are tied to the property.

These days, it's always easier to beg for forgiveness than to ask permission.

Good luck!

i guess it will vary by area

since there's no point in taking the HOA to court unless you believe you have a case to begin with (given the conditions they put in the contract)

the last thing you want is knowing something is not allowed and yet you will do it anyway.

like speeding in a school zone ? do it then ask for forgiveness later ?

i'm the safe than sorry type.. I don't want to start something and then having to scrap it in the end -- all that time and labor + costs.

If 2-3 neighbors vs you.. I'm pretty sure which side the HOA will take

You can try to paint the house or do something to your house that is visible from the street without the HOA approval. It will depend on your HOA. We got people who have to repainted their house or ripped out their pavers because they didn't have any prior approval from the HOA for the project.


I guess you can put it that way.. since giving up my home was not an option for me

http://www.nolo.com/legal-encyclopedia/can-i-discharge-hoa-dues-chapter-7-bankruptcy.html
http://www.nolo.com/legal-encyclopedia/hoa-dues-chapter-13-bankruptcy.html

 

[azjustin]

like speeding in a school zone ? do it then ask for forgiveness later ?

Although I understand what you mean, comparing endangering the lives of children to raising chickens in your back yard is a pretty desperate attempt to prove a point.

And I will reiterate mine: if you have an HOA that prohibits chickens, go into it with the understanding that you may get "in trouble" and have to remove your birds from the property. Going to court or losing your house to chickens are not what a sane or rational person person would do to begin with and probably not a good course of action regardless of the situation.

Some HOAs are like 1930's Germany, others are a pool party with an admission fee. I've lived in both, due diligence is always recommended.

Good luck.

 

[BruceAZ]

Although I understand what you mean, comparing endangering the lives of children to raising chickens in your back yard is a pretty desperate attempt to prove a point.

And I will reiterate mine: if you have an HOA that prohibits chickens, go into it with the understanding that you may get "in trouble" and have to remove your birds from the property. Going to court or losing your house to chickens are not what a sane or rational person person would do to begin with and probably not a good course of action regardless of the situation.

Some HOAs are like 1930's Germany, others are a pool party with an admission fee. I've lived in both, due diligence is always recommended.

Good luck.

desperate?

you heard of multiple perspectives?

i guess when i mentioned school zone that's what you think of-- lives of children vs raising chickens.. true.. i guess that's one way to think of it

speeding in school zone-- i'm sure most of us already know that there's no forgiveness when it comes to this right?

i have yet to met a police officer who will let you go for speeding in school zone before.. it's against the law yet you would still do it anyway ? then ask for forgiveness? this is my point.

like i said, I'm the safe than sorry type

I can't speak for every HOA in this country but it's a risk you will take

There are HOAs made of local homeowners while there are HOAs made of investors.

I got neighbors who had to repainted her house back to the original color or removed the pavers simply because they didn't request for approval first. They hate the HOA after that.. but whose fault is it really? when you know something is not allowed/illegal yet you should do it anyway?

I provided my opinion on the topic regarding the thread starter's situation. What he/she decide to do is his/her freedom.

 

[DaraKing]

I've dealt with a lot of HOA's and very, very, few of them want to litigate unless the issue is seriously detrimental and ongoing issue.  This includes Country Club HOAs with virtually unlimited funds.

There are neighbors and a type-A HOA inspector who will try to remove your chickens.  If you go into it knowing that it can happen, go for it, just be prepared to sell or give away everything.  I've talked to hundreds of people that live in a "no chicken" HOA but have had chickens for years, the neighbors are typically the deciding factor.  Roosters are definitely a no-go, and more than a few hens will also get people looking in your back yard. 

HOA fees and penalties are 100% dischargable in a bankruptcy, that is a mis-conception since most people try to keep their house in a BK and the HOA fees are tied to the property.

These days, it's always easier to beg for forgiveness than to ask permission.

Good luck!

I will be the 1st to admit that I'm likely pushing my luck, but then my husband and I have never agreed with the draconian practices doled out by our HOA. We accepted and moved into our home back in 2003 and at that time we were told the HOA covenant would expire in 2013. That didn't happen, it's still going strong today. But we've come to accept that if they can't see into our yard (they'd need a pretty tall ladder to peek over our cinder block wall) then they won't know and can't rule on anything we do with or to our backyard. We're far enough away from each neighbor that I seriously doubt it would be a problem to keep chickens. What can I say? I'm a rebel. I have 5 chickens now, in a 10x6x6 chainlink fence dog run. The city allows for 7 hens but I'm thinking that, for now, I'm good with 5. I've also covered the run well with fence screening so what's inside cannot be seen if they ever do climb a ladder to look inside my yard. I covered it more for the shade from the desert sun here in New Mexico but it's hidden well enough. I accept that I'm breaking the HOA rules regarding livestock but it's worth it to me to go forward. What's the worst they can do? Fine me $25.00 and tell me to get rid of them. I know of others in this same HOA that also secretly keep chickens (found a couple since I first started this thread.) It sucks that we must be secretive to keep birds that are quieter than my neighbors dogs. I think it's worth the hassle though.

 

[azjustin]

I will be the 1st to admit that I'm likely pushing my luck, but then my husband and I have never agreed with the draconian practices doled out by our HOA. We accepted and moved into our home back in 2003 and at that time we were told the HOA covenant would expire in 2013. That didn't happen, it's still going strong today. But we've come to accept that if they can't see into our yard (they'd need a pretty tall ladder to peek over our cinder block wall) then they won't know and can't rule on anything we do with or to our backyard. We're far enough away from each neighbor that I seriously doubt it would be a problem to keep chickens. What can I say? I'm a rebel.

I have 5 chickens now, in a 10x6x6 chainlink fence dog run. The city allows for 7 hens but I'm thinking that, for now, I'm good with 5. I've also covered the run well with fence screening so what's inside cannot be seen if they ever do climb a ladder to look inside my yard. I covered it more for the shade from the desert sun here in New Mexico but it's hidden well enough. I accept that I'm breaking the HOA rules regarding livestock but it's worth it to me to go forward. What's the worst they can do? Fine me $25.00 and tell me to get rid of them. I know of others in this same HOA that also secretly keep chickens (found a couple since I first started this thread.) It sucks that we must be secretive to keep birds that are quieter than my neighbors dogs. I think it's worth the hassle though.

Good for you!!

And good luck!

 

[Sonoran Silkies]

Get a copy of your cc&rs and look through them

 

[cassie]

As others have said, the HOA's rules trump everything else. Which is why, when I bought property, I made sure there was no HOA involved.

 

[mirrorphantom]

Hello and congrats on the new additions. How are they doing now? Has the HOA left you alone? I live in Rio Rancho as well and got chickens around the same time as you last year. May I ask where did you purchase your chicks? We have 4 and want to get 3 more but Tractor supply won't sell under 4 chicks.

 

[Vertebratefamliesrock]

Have you moved yet and if so how how did the chickens take and how are the chickens

 

[oldrooster]

Have you moved yet and if so how how did the chickens take and how are the chickens

this is a TWO year old thread! and the Opening poster has not been on BYC in over a YEAR.