City says chickens ok, HOA says no, what to do?

[ChooksinChoppers]

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Oooh that sounds promising then...... definately send them pictures of cute coops you would like to build and make sure they know there will not be any roosters. A limited amount of hens and reasonable setbacks from property lines...a good word from either / both of your neighbors would be helpful. Stress how Chickens can be kept in a clean rodent/bug free environment so no smell at all and how good they are for your garden. Composting plans for the waste and no chickens roaming all over the streets, so a fenced yard or enclosure is needed.

 

[ashandnate]

I just went through this with my HOA! I actually asked my neighbors if they cared first because if they didn't no one would even know I had them. I had 5 of the most precious girls you could ever see. Well, my sketchy neighbor complained behind my back to the HOA and I had to re home them. I was devastated but poured myself into research to try to get them back. I also used the pet route. I stated the definitions of poultry being an animal being used for sale of meat (which I was not doing) and fowl is any wild bird (my arguement was that you can't put chickens in the same category as a wild bird or duck. Chickens are not wild! In doing research a woman in Maryland actually represented her case in court and won on this very basis. I had letters from realtors stating that keeping a small flock of backyard hens wouldn't reduce property values, gave all benefits, showed pics of my hens in my house with the kids, etc. Basically, they didn't care about any of that and were pretty militant about it. They said they could specifically change the language to state "no chickens" but then they said that if I kept them inside at night, they didn't care if I had them! They said that they don't allow outside caged rabbits but could care less what owners did inside their homes and don't care if the inside caged animals go in and out of the backyard so basically, I had to get rid of my outside coop and am having to create an indoor cage for them to sleep in at night! So, this might be an angle you could use as well? They said they had no issue defending us to complaining neighbors if they could tell them that they are inside animals that go in and out like a cat or dog! Good luck! I regret moving to a neighborhood with an HOA! THey can make life really miserable!

 

[lindseythefork]

Well, you're going to have to abide by what your HOA contract says. You signed it so you're legally bound to abide by it. That doesn't mean that you can't change it. I would say that just because you neighbors say that they don't mind you having chickens now won't create an issue in the future- you might get a new neighbor who feels otherwise.

 

[GardenGnome]

I'm no attorney, but I do remember hearing my real estate professor say that HOA rules aren't enforceable after the first 15 to 20 years of the development's existence.

 

[Sonoran Silkies]

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That really depends on how the CC&Rs are written as well as state laws. Many time deed restrictions are written into a subdivision (not an HOA) to sunset out after a given number of years, presuming that by that time the subdivision will be built out and there will no longer be a need for restrictions governing the type of building materials or direction the garage faces (example of deed restrictions on my parents home). But an active association typically does not sunset out, especially if there are common areas to be maintained. Some CC&Rs self-perpetuate every 15 to 20 years, allowing changes to be made during the last year.

My HOA will celebrate (and yes, I do mean celebrate in a very positive sense) its 40th Anniversary next year.

 

[JanetR]

Wow. The wording in my CC&R is exactly the same. I've had 6 chicks since June. I was found out in July and I have to go before the HOA board this Saturday. Our HOA is 30 years old and I too am planning to explain that they are my pets, I have newspaper + magazine articles, BYC newsletters, and photos to show that this is a hobby and there's nothing to be afraid of. I also plan to invite them to my house, which is next door to the meeting location. My girls better be on their best behavior!

 

[Woodcutterron]

This doesn't apply to new neighborhoods really, but one thing to look at with older HOA's no longer controlled by the developer, is check to see if they've kept up with their incorporation status. Sometimes these associations get lax on the details, heheh. Nothing is more fun than telling a snooty HOA President to get the heck off your lawn if they neglected to re-up. Well, telling City councilmen and County commissioners to "kiss their seat goodbye" is actually more fun, especially when ya actually get them unseated. A few here locally are learning that as we speak, heheh.

The best way to handle these sort of things is become a force to be reckoned with on many issues in your community. I've created enough waves that if I decided to keep an elephant in my back yard, I could likely get approval.

 

[ChooksinChoppers]

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So ....how do you find out if they have kept up with their incorporation status? and what name its incorporated under? My HOA doesnt seem to have much power at all..I have never seen the CCRs nor did I sign anything when I moved here. They rely on code enforcment to complain too and they do nothing about the house painted bright orange/pink across the road LOLOL
And how do you get county commisioners unseated as well? Quite a few of ours are up for re election and they need to go. Specially the one commissioner who acts like he is the president vetoing any changes all by himself and not allowing the others to speak (or they were too afraid to) ...nor will they even allow a public hearing so we can speak.

 

[Sonoran Silkies]

Quote:
So ....how do you find out if they have kept up with their incorporation status? and what name its incorporated under? My HOA doesnt seem to have much power at all..I have never seen the CCRs nor did I sign anything when I moved here. They rely on code enforcment to complain too and they do nothing about the house painted bright orange/pink across the road LOLOL
And how do you get county commisioners unseated as well? Quite a few of ours are up for re election and they need to go. Specially the one commissioner who acts like he is the president vetoing any changes all by himself and not allowing the others to speak (or they were too afraid to) ...nor will they even allow a public hearing so we can speak.

Your state may or may not require HOAs to incorporate, so that really is NOT a good loophole. Fact is, regardless of whether the incorporation has lagged or not, the property is part of an HOA, and its covenants and restrictions apply. That said, the idea of getting involved and being a part of what makes things run is a very good one.

Become familiar with your state's constitution and its provisions for local govenrment. Work to elect those you want in office. Volunteer, get involved.

 

[dreamingOfbyc]

How did it work out for you and your HOA? I am in worse situation. Both City and HOA says no. Last month, one person got a permit to keep her pigs and hens, so I might be able to get City variance approved, but HOA might be a hard one. Please let me know.