HELP! Chickens arn't allowed in my neigborhood!

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Chickenrandomness, Dec 12, 2009.

  1. [​IMG] [​IMG] [​IMG] I want chickens, but they aren't allowed! How do i make them allowed. (anything a tween could do.)[​IMG] [​IMG] [​IMG] [​IMG]
     
    Last edited: Dec 12, 2009
  2. GardeNerd

    GardeNerd Chillin' With My Peeps

    The are 4 H groups that might be able to help you out if you join. There are exceptions for 4 H in some places, or your chickens can be housed on property maintained by a local 4H group rather than in your own neighborhood. I live in a big urban city that doesn't allow large livestock, but with 4H kids around here do raise all kinds of farm animals for exhibition, just not in their own backyards. Best Wishes.
     
  3. valereee

    valereee Ordinance Wrangler

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    Are they illegal in your town, or is there a Homeowners' Association for your neighborhood that forbids them?

    Quote:
     
    Last edited: Dec 14, 2009
  4. Mattemma

    Mattemma Overrun With Chickens

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    I was looking at chicken products the other day and came across a bag with a web page on it,so I checked it out.It was about a girl that was 10 and helped change the chicken laws in her city.I would check out her page and ask for ideas.I think it was

    http://www.SoPoChickens.org
     
  5. StupidBird

    StupidBird Chillin' With My Peeps

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    If its based on covenants in the property deed, some have expiration dates. and if the HOA is inactive, or fails to renew these, it's a loophole. It's what I'm working off of - but mostly no one gives a hoot, too busy with bigger problems than my quiet hens in the back.
     
  6. valereee

    valereee Ordinance Wrangler

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    This greatly depends on the type of HOA. Some older neighborhoods have simple rules with no provision for enforcement other than a lawsuit by a neighbor. In these cases, getting the agreement of your nearest neighbors before getting your chickens and then ensuring your chickens aren't annoying (no smell, no mess, no noise -- generally that simply requires having no roosters) may be enough to keep you from having any issues. Newer neighborhoods sometimes have commonly-owned property -- a clubhouse or swimming pool -- and are professionally managed with yearly fees assessed by a management company. These often are strictly enforced, and the HOA itself will file lawsuits against noncompliant homeowners.

    Quote:
     
  7. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Quote:
    Not necessarily accurate. Not necessarily newer, not necessarily managed by a property management company. I am not aware of any cases where the management company can make rules or set fines. They simply enforce what the policies set by the elected HOA board. The CC&Rs, rules and state law determine what if any penalties can apply, and enforcement restrictions.
     
  8. valereee

    valereee Ordinance Wrangler

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    Oh, yes, I didn't mean to say the property management company sets the rules. They just enforce them. As does a HOA board in any HOA association without a property management company -- but usually, if the HOA is to have any teeth, there will be yearly fees that go to enforcement as well as to maintenance of commonly-held property. An HOA without funds for enforcement relies on each property owner to enforce the rules or not.

    Quote:
    Not necessarily accurate. Not necessarily newer, not necessarily managed by a property management company. I am not aware of any cases where the management company can make rules or set fines. They simply enforce what the policies set by the elected HOA board. The CC&Rs, rules and state law determine what if any penalties can apply, and enforcement restrictions.
     
  9. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Quote:I know a great deal about HOAs in that I have been on my HOA Board for 4 years and have been president for 2. I have also read all our state laws governing them (and also those governing condo's--from a technical standpoint, by definitions that is what we are) many times, as well as reading our CC&Rs any bylaws over and over again. I can almost quote the CC&Rs. (I will say though that ours are less than 20 pages whereas some communities have CC&Rs that are hundreds of pages long.)

    Anyways, we have NEVER put costs for enforcement into the budget. When we were looking at hiring management a couple of years ago (which we did not) part of what several companies told us, and their fee schedules agreed, was that enforcement pays for itself--fines and fees are assigned to the delinquent/rule breaking property, and do not come from the association's funds. In a lawsuit the party who prevails is assessed all costs of the losing party, whether it be for defending themselves or initiating the suit. Yes, the association may have to front the money, and if it unjustly sued a member, it would have to pay their costs (a reason for prudence in considering a lawsuit). If the suit were lost, there would be good reason to infer that the decision to sue was not a proper business decision, and the board members could then be held personally liable for the costs. We do have a small budget for legal fees. We would much rather get legal opinions up front and pay a small amount for that advice than make inappropriate decisions and risk much larger consequences.

    Where we spend assessment monies is strictly set by our governing documents; I cannot imagine that it is not the same with other associations. And I know that in ours we have a large number of members who very closely go over our budget and expense reports.

    edited because I am all typo-fingered this morning
     
    Last edited: Dec 15, 2009
  10. valereee

    valereee Ordinance Wrangler

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    I think it depends on the HOA. Mine doesn't have any enforcement recourse in place at all. The point I was trying to make is that not all HOAs will come after noncompliant homeowners. Mine don't. My only risk of enforcement is from a neighbor who decides to sue me.

    Quote:I know a great deal about HOAs in that I have been on my HOA Board for 4 years and have been president for 2. I have also read all our state laws governing them (and also those governing condo's--from a technical standpoint, by definitions that is what we are) many times, as well as reading our CC&Rs any bylaws over and over again. I can almost quote the CC&Rs. (I will say though that ours are less than 20 pages whereas some communities have CC&Rs that are hundreds of pages long.)

    Anyways, we have NEVER put costs for enforcement into the budget. When we were looking at hiring management a couple of years ago (which we did not) part of what several companies told us, and their fee schedules agreed, was that enforcement pays for itself--fines and fees are assigned to the delinquent/rule breaking property, and do not come from the association's funds. In a lawsuit the party who prevails is assessed all costs of the losing party, whether it be for defending themselves or initiating the suit. Yes, the association may have to front the money, and if it unjustly sued a member, it would have to pay their costs (a reason for prudence in considering a lawsuit). If the suit were lost, there would be good reason to infer that the decision to sue was not a proper business decision, and the board members could then be held personally liable for the costs. We do have a small budget for legal fees. We would much rather get legal opinions up front and pay a small amount for that advice than make inappropriate decisions and risk much larger consequences.

    Where we spend assessment monies is strictly set by our governing documents; I cannot imagine that it is not the same with other associations. And I know that in ours we have a large number of members who very closely go over our budget and expense reports.

    edited because I am all typo-fingered this morning
     

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