Goodbye chickies...one snoopy neighbor and an (often defunct) HOA letter

[jk9chicks]

The HOA asked to have them rehomed by the 17th.
I receieved the certified letter in the mail on the 10th.

Not a lot of time...

We were keeping our chickens as pets, but of course some people don't agree they could be pets, so... We will now try to amend the ccrs. We need 75% according to the documents,

So, we have found them a home and they will leave tomorrow.
I am just glad I found them a good home, where we could possibly visit.

I plan to go door to door and talk to my neighbors about amending our ccrs.

Thanks to all of you, for posting.

I will continue to look on here for help.

I appreciate this website and all the fine people here who are kind and helpful.

We will work on a more permanent solution...formal amending.

Anybody know the cost to amend? filing.
53 households
nw washington

We plan tp talk to a real estate attorny (after finding out if there is enough interest from neighbors in amending).

Also, does anyone know:
When it says 75% to amend and people have been banned from voting for not paying dues, do they still get a vote for amending purposes?

 

[Sonoran Silkies]

I would recommend speaking to an attorney who deals with HOA issues. You can either do it on your own (so that the attorney would be representing YOU), or the board could do it so that the attorney is providing answers to the board and members. A first visit is usually less than the regular price. There are a LOT of issues you raise. Your first concern is whether the HOA still exists or not.

In my experience, those who are behind in their assessments cannot vote, and the vote is only among those eligible to vote. So, if there are 53 lots and 10 are behind on assessmenta and therefore ineligible to vote, you need 75% of 43 lots to make a change, BUT, that is looking at MY association's CC&Rs, Arizona statutes and Robert's Rules of Order. You need to look at your CC&Rs ad state statutes.

I would recommend that you read your association documents and figure out based upon them whether or not the neighbor has a leg to stand on (and of course, that assumes that the association still exists, which it may not, and that the widespread lack of enforcing the CC&Rs has not completely invalidated them (these are attorney questions). If your association does not have insurance (are you sure about that?), it desperately needs it. Look at your documents to see if individual members can sue to enforce the CC&Rs, and whether they would sue the association to enforce them, or sue the member who is violating a provision.

Also, if you are within the rights of your documents, consider letting the bullying neighbor know that you, too can sue them...basically standing up to their bullying attempt.

 

[Lazy J Farms Feed & Hay]

It sucks that you had to move your chickens. However, you bought a house with restrictions on what activities you were permitted to conduct. I agree with your neighbor and the HOA, you should get rid of the birds. This isn't an issue about the positive benefits of chickens, it is about the agreement you made to follow a set of rules when you purchased the property. Your neighbors have a reasonable expectation that everyone will follow the rules.

Good luck trying to change the HOA rules.

Jim

 

[jk9chicks]

I would recommend speaking to an attorney who deals with HOA issues. You can either do it on your own (so that the attorney would be representing YOU), or the board could do it so that the attorney is providing answers to the board and members. A first visit is usually less than the regular price. There are a LOT of issues you raise. Your first concern is whether the HOA still exists or not.

In my experience, those who are behind in their assessments cannot vote, and the vote is only among those eligible to vote. So, if there are 53 lots and 10 are behind on assessmenta and therefore ineligible to vote, you need 75% of 43 lots to make a change, BUT, that is looking at MY association's CC&Rs, Arizona statutes and Robert's Rules of Order. You need to look at your CC&Rs ad state statutes.

I would recommend that you read your association documents and figure out based upon them whether or not the neighbor has a leg to stand on (and of course, that assumes that the association still exists, which it may not, and that the widespread lack of enforcing the CC&Rs has not completely invalidated them (these are attorney questions). If your association does not have insurance (are you sure about that?), it desperately needs it. Look at your documents to see if individual members can sue to enforce the CC&Rs, and whether they would sue the association to enforce them, or sue the member who is violating a provision.

Also, if you are within the rights of your documents, consider letting the bullying neighbor know that you, too can sue them...basically standing up to their bullying attempt.

thank you, that is helpful. We will be getting a list of questions ready for an attorney

 

[jk9chicks]

It sucks that you had to move your chickens. However, you bought a house with restrictions on what activities you were permitted to conduct. I agree with your neighbor and the HOA, you should get rid of the birds. This isn't an issue about the positive benefits of chickens, it is about the agreement you made to follow a set of rules when you purchased the property. Your neighbors have a reasonable expectation that everyone will follow the rules.

Good luck trying to change the HOA rules.

Jim

Well, I know what you mean.
We asked about an HOA when we bought and the realtor didn't think there was one. We found out at signing, while signing. We had already agreed to buy at that point. It was our first house.
I know, I know excuses, excuses...we should have looked into it ourselves. We know that now...

And the neighbors insulting me has nothing to do with having chickens either....so I need to stop mentioning their rudeness as well.

I asked to have chickens at a meeting and was NOT told no. I was told to ask neighbors (get it in writing-but I forgot that part). I did ask both my next door neighbors and across the street, pretty much everyone one on my end of the street and they said they were ok with us having chickens. They also wanted a copy of our coop plans and I forgot that. However, there isn't an architect commitee anymore...the board just pretends to be it all in one. Another question for the attorney.

I don't think having it in writing is good enough for me... I want formal amending. And I will have to do it myself. Finding the time...and money...will be difficult. But maybe they will re-imburse me if the majority like the revisions? I won't hold my breathe though. small steps.

I would move, except our home value is so low still and I do have a majority of good neighbors.
Next house though we will be doing a better job hopefully at researching.

 

[My Pretties]

I too lost my chickens due to a bully neighbor. I know how you feel. When he opened that can of worm he made a BIG mistake. It will take a much larger can to contain my return. A large group have formed Chicken for Change in Cedar Park. You may start a page like that where you are and make it a private page so only those you accept can be in the group. We will change the ordinance for out fair city THEN each of us will have to get amendments of HOA bylaws to allow what the city states. Until the city allows our chickens back fighting the HOA won't accomplish much. One person suggest I check the Right to Farm act for my city. Doesn't work here because of the wording, but maybe where you live there is something. I hope you get things changed so you can get your chickens back. I know how I miss "My Pretties."

 

[jk9chicks]

I too lost my chickens due to a bully neighbor. I know how you feel. When he opened that can of worm he made a BIG mistake. It will take a much larger can to contain my return. A large group have formed Chicken for Change in Cedar Park. You may start a page like that where you are and make it a private page so only those you accept can be in the group. We will change the ordinance for out fair city THEN each of us will have to get amendments of HOA bylaws to allow what the city states. Until the city allows our chickens back fighting the HOA won't accomplish much. One person suggest I check the Right to Farm act for my city. Doesn't work here because of the wording, but maybe where you live there is something. I hope you get things changed so you can get your chickens back. I know how I miss "My Pretties."

Thank you. I wish you double luck (city and HOA). Glad you are finding support and are on your way.

Our city is ok with up to twelve chickies! yay! (we only want to keep 3-5)

The HOA people only gave us 7 days to rehome them....today is the day and the people we found that want them need more time to build...I would have gotten rid of the rooster(s) by now, had I not gotten the HOA letter, but the people who want them, want a rooster (they don't know which one, they want them all for now).
I asked for an extention of time, but I haven't heard back from the president of the HOA, as email is the only contact he gave me (I know the treasurer doesn't check the HOA postal box often).
I went to the HOA Pres. house, but no one is home.
(sigh) I need some chocolate...
Maybe I will talk to neighbors today (the nice ones) maybe that will help me feel better.

 

[karenspeeps]

I hope things work out for you. It stinks when other people make things difficult.

 

[Sonoran Silkies]

Quote: First, do the CC&Rs, Bylaws or rules prohibit chickens? Do they give the board authority to approve/disapprove of plans, construction, outbuildings/accessory buildings? The whole board can operate as the architectural committee unless there is a provision that it must be separate from the board. However, if there was an official change that removed architectural oversight, then the board doesn't have the right to institute it in your individual case.

Tooo late for it now, but someone failed to provide you with proper disclosure before closing, and you probably would have had a reasonable to certain ability to cancel the sale without losing anything other than your time.

 

[My Pretties]

I hope it works out where you are rehoming yours. I lost four of my six when Animal control ordered me to lose them in 7 days. My daughter's husband built a nice coop. Unfortunately the pit bull dogs next door tore the fence apart and chewed into the coop to slaughter all but two. It is due to my bad neighbor I was reported, due to bad neighbor for my daughter they were killed, due to your bad neighbor you lost yours; each of us has one good neighbor! I'm beginning to wonder if it is even possible to have good neighbors on BOTH sides! You're lucky your city allows chickens. Getting HOA to amend, here in Texas, does not cost anything as it is done at a meeting through voting. Our HOA is poorly represented by residents so likely at the February meeting it will be passed once City of Cedar Park changes the ordinance, an uphill battle that I'm determined to continue. Too many reasons to have them, and not one good reason (unless you're just pure lazy) to not. I hate public speaking, but I find this is easy to be passionate about. Best of luck with your HOA