I will know more in the next couple of days. The attorney my MIL knows suggested someone else as this is outside of his area of expertise. We have a meeting with a different attorney tomorrow. He has given us a little bit of preliminary information on what we will need to do, but we will know more after we meet with him.
Okay- we just got back from speaking to an attorney that specializes in zoning issues and here is where we stand...
The attorney did not really give us much of an idea of where we stand or our chances for getting official approval for the birds. He does think we should try to get approval from the HOA first before we do anything else, even through the covenants are old and the association is voluntary. He said that the courts here often will refer to the original covenants when something like this arises, unless the covenants have in them something that is counter to the law. So, we are going to first try to work with the HOA (seems so ridiculous to me since we are talking about a voluntary neighborhood group with which we do not have any contract or pay fees to, but I will defer to the attorney).
If this doesn't work, we can go before the zoning board. We have to get 4 out of 5 to vote in our favor to officially get a zoning variance. He said that this is actually very hard to do as we have to show that getting rid of the birds would create significant hardship. He did say that the board also generally refers you back to whatever covenants are on file as well (again, even though they are old and now "voluntary"). He doesn't want to start with this option because there is always the possibility that the board will not decide in our favor and demand we get rid of the birds immediately.
So, there you have it. He did also say that if the HOA gets an attorney, the state here requires that we pay their attorney as well as ours. Just ridiculous. I can't believe that a group of busy bodies can cause so much drama.
I'm sorry to hear that you basically hit a brick wall talking to him. This is why I want to get out of the metro area so bad and move out somewhere that people live and let each other live for the most part. I had animal control drive past our backyard very slow on Monday then showed up at the front door. I didn't answer it. I figure they'll send something in the mail anyways and I really didn't feel like hearing about my ferocious 5 chickens reaking havoc throughout the neighborhood. My neighbors can't believe that they make such a deal out of them. One neighbor is going to get her own next spring she like mine so much. Oh well, good luck with this, I hope you come out on top.
Thanks, Cara. I hope all works out for you too. I think so much is just luck of the draw as well, sort of like what Ebonyann I think is saying. Even in the country sometimes there are problems still with neighbors, although I can't understand why someone moves to the country in an agricultural area and then has a problem with poultry/livestock, LOL. We have been looking at the option of buying a larger property as well. So much for us has just been up in the air for months with not knowing what is going to happen with work, school, family, etc... Now that things have calmed down a little (DH just got a new job on the edge of the city, closer to family and more rural), maybe this just means it is time to get motivated to make a big change and buy a bigger property. I am shocked at how cheap real estate is right now, so maybe this is the time to buy a new place.
Yeah, we live on 30 acres. Was 35 but my mom was forced to sell 5 when things started to go south. Now I wish we could get rid of the neighbors that bought it because their only enjoyment in life is to call up animal control on us and let their dogs run loose all over the place