Deed restrictions on a property- dealing with the HOA

[amyparrotflock]

I've been doing a LOT of reading, on here, law forums, etc. I'm basically to the point where I'm just going to go get 2 chickens and keep them illegally against the HOA's rules.

One of the restrictions when we were looking for houses was no deed restrictions, well one title search later, we didn't have any.

The HOA begs to differ. They tell us that we are still in the part of the development that has the deed restrictions, (they expired in one part) and I'm ready to tell them exactly where to go because as far as I am concerned, we have no deed restrictions, the title and deed were both clear when we signed paperwork to buy the house (and 1/3 acre lot).

Anyway, City of Columbus (OH) will allow chickens with a permit, which I have paperwork in hand for. I'm looking at the stealth coop. I'm considering building a small indoor coop/pen in the room with the parrots so they can't disappear while I am at work. Chickens can't be any worse than doves/pigeons when it comes to cleanliness can they?

Has anyone else dealt with deed restrictions that may not actually be there? We live in a "dog friendly" development so we hear barking dogs at all hours of the day. Everyone enjoys the parrots that has met them, including the macaw, the loud, extremely obnoxious macaw, but I can't have chickens according to the HOA.

 

[emilyweck]

Have you asked the HOA for a variance? Sometimes they will OK certain situations. Have you asked your neighbors? Will they sign a petition for you stating that they allow the chickens? I would write up a proposal to the HOA saying to amend the stupid restrictions of your HOA about chickens. They have to vote on it if you propose it in the proper fashion. Unless your neighbors are total jerks, I would think you could have a chance. Keep us posted.

 

[beak]

It's hard to fight HOA's. They have a bottomless pit of money to use against you. The money you pay each month for dues. You need to see their supporting documentation before you try to fight them. If they're right they are right. If not you should pursue it. I would get approval 1st. Having chickens isn't worth getting fines.

 

[mom'sfolly]

HOAs do not have bottemless pits of money. If you were not told at closing you were part of an HOA, then you are not. If you do not pay dues, or have bylaws that come with your property, they have no jurisdiction. I would check with your county to see if a HOA is filed for your property, find out if it is voluntary or mandatory, and if the restrictions can be enforced. If there is a HOA that applies to your home, and you were not told about it, then you might have some legal issues to go to bat with.

 

[emilyweck]

It's not a matter of them being right or wrong because obviously their rules are their rules. You can propose anything you want for amending any current restriction. It is, after all, the Home "Owners" Assoc., not the management company that enforces the Home Owners Association's CC&R's. In my experience, I have found the management company of the HOA completely irrational and difficult to deal with. I have also found that when the actual Home Owners are informed of certain situations and restrictions, they are the first to amend/delete it. Yes, you will always have the one neighbor that will get on their soap box.

Since you are just now learning of this restriction, do you think your neighbors may not know, too. They may be under the same pretense that there are no restrictions.

I do agree with beak, however, that the fines will pile up. If you don't pay them, they can lien your property.

 

[emilyweck]

mom'sfolly :

HOAs do not have bottemless pits of money. If you were not told at closing you were part of an HOA, then you are not. If you do not pay dues, or have bylaws that come with your property, they have no jurisdiction. I would check with your county to see if a HOA is filed for your property, find out if it is voluntary or mandatory, and if the restrictions can be enforced. If there is a HOA that applies to your home, and you were not told about it, then you might have some legal issues to go to bat with.

Great advice!​

 

[amyparrotflock]

OMG! such great info within a short amount of time of posting. You guys are GREAT! I'm going to have to get started with this- never having written a petition before.

as far as I know the HOA has only ~$9K in the bank. Not quite a bottomless pit, and we don't have to pay dues, so its not mandatory. I'll check into the bylaws and county filings next week while I have some time off.

Amy

 

[emilyweck]

Quote:
Not to be too optimistic, but I think you have a good chance. Especially since it doesn't come up on a title search. Keep us posted.