Covenent law I never heard of banning my chickens?

[Mattsculpt]

The story is they don't want the division to be "devalued". Which is a joke as the property has dropped to half its value in the past 5 years because of the glut of foreclosures. Not to mention that since all the "homes" on the lots are actually doublewides, they loose half their value in around 10 years anyway. I'm underwater on this mortage and the only reason I'm staying for now is its cheaper then renting. I think this subdivision was the guy's hope of turning a beanfield into easy money. As far as I can tell it didn't pan out. Maybe that's way they are growing hay over the the other half of the unpurchased lots.

 

[tdgill]

so how many chicken keeping neighbors can this disgruntled homeowner AFFORD to sue? LOL And you can let the disgruntled neighbor know that you agree with him about the other neighbor overdoing it, but you are still interested in keeping a few chickens!

 

[Sonoran Silkies]

Okay, is growing hay legal per the covenants? How long have people been "notoriously" keeping poultry or other farm animals on the properties? In this case, notoriously means obviously and visibly, with no effort or attempt to hide it.

If it has been completely ignored until one property owner chose to not maintain their lot in a sanitary manner, you have grounds that the provision against animals be tossed or modified. I would say that your best bet is to work with those who are filing suit to come up with a reasonable compromise that allows animals, but limits the number and/or the way they are maintained to ensure sanitary conditions that are not a nuisance to others. If the hay field is against the covenants, you have a good foot in the doorway for getting a compromise worked out.

Since the covenants were not disclosed to you at or prior the time of closing, it seems you have a valid cause against the seller/developer. that would probably be interpreted as a financial settlement.

 

[tdgill]

well said silkies...

sounds like matt is down for the count though...