Help!!! I Need To Have Chickens!!!!

[TillysChickies]

So, here is my dilemma! I want to have chickens badly. I want to have them for pets as well as enjoying the eggs! I had chickens when I was a small girl and want my three daughters to enjoy this experience as well. I checked my CCR's and it states, "absolutely no poultry!" BUT!!!! This is what the city lists as it ordinance. Do you think if I got the Chickies and got "found out" that I could sucessfully fight this issue based on these City statutes? I would HATE to make the investment and fall in love and then find out that I cannot keep them. I live in Chula Vista, CA in the Eastlake area. Does anyone know of anyone else who has a backyard flock in this area?


6.04.080 Rabbits, domestic fowl and pigeons – Quantity permitted.
Twelve (12) rabbits, 12 hen chickens, four hen turkeys, four ducks, four geese, 25 pigeons (all breeds) may be kept by one family on a tract of land, providing it has a minimum of 7,000 square feet therein and contains not more than one single-family dwelling unit thereon; provided, however, that the total number of all fowls and rabbits shall not exceed 25. (Ord. 774 § 1, 1961; prior code § 4.6(A)).

6.04.090 Rabbits and domestic fowl – Housing restrictions.
Rabbits and fowl shall be kept or maintained within a building or fenced enclosure in the rear yard, as defined by the zoning ordinance of the city, and shall be not less than 50 feet from any residence, not including the owner’s, and not less than five feet from any property line adjacent to the owner’s property. The provisions of this subsection shall not apply to parakeets, canaries and similar birds. (Ord. 1639 § 1, 1975; Ord. 774 § 1, 1961; prior code § 4.6(B)).

 

[Fred's Hens]

Home Owners Associations rule. They are lock tight until or unless the association changes it own rules. Period.

When buying such a property, you sign aboard, you agree to those covenants. You also agree to the process by which they can appealed or changed. It is an open and shut case. This is my experience. Many times such HOA boards have enforcement power, including the ability to fine.

 

[speckledhen]

CCRs supercede city laws/ordinances. They are what you have to go by and you can be fined and even have a lien put on your house by the HOA if you don't comply.

 

[Evelle]

ya but there are ways around it right???

i mean where i live it states absolutely no tralers and almost everyone here has a modular home and it also says no horses and i have three neighbors with them i even have a ferrier down the street that takes care of almost everyones horses here...

i say you might be able to fight it.. maybe

 

[Fred's Hens]

Again, the home buyer agreed to those rules. When?

When they bought into that association. I know, I know lots of folks confuse local zoning laws with HOA rules. City laws are one thing. Zoning is another. But the Home Owners Association of your private subdivision wrote the rules for themselves and every buyer signs a letter of agreement when they buy into that subdivision/addition/neighborhood.

That is why they are really tough to get all the home owners to change their own rules. Most people purchased a home in an association precisely because these places have strict rules. Sorry. But one's only hope is to get the Home Owners Board to change the rules. This is simply not easy. Sure rules can never really be changed, others would require a very high percentage of the home owners to agree to a change. Even getting it up for review is tough. Sorry.

 

[annaraven]

Quote:
HOA rules. However, find out how you can change them. Go to your HOA board meeting and petition to either have an exception for a small flock, or to change it altogether for everyone. Or take the chance of being fined and potentially foreclosed on (depending on the HOA, they DO have that kind of power) for violating the agreements. It's a binding contract you signed.

That's why I couldn't wait to get out from an HOA - almost as bad as renting!

 

[OwlLover]

Fred's Hens :

Again, the home buyer agreed to those rules. When?

When they bought into that association. I know, I know lots of folks confuse local zoning laws with HOA rules. City laws are one thing. Zoning is another. But the Home Owners Association of your private subdivision wrote the rules for themselves and every buyer signs a letter of agreement when they buy into that subdivision/addition/neighborhood.

That is why they are really tough to get all the home owners to change their own rules. Most people purchased a home in an association precisely because these places have strict rules. Sorry. But one's only hope is to get the Home Owners Board to change the rules. This is simply not easy. Sure rules can never really be changed, others would require a very high percentage of the home owners to agree to a change. Even getting it up for review is tough. Sorry.

Fred, you hit the nail on the head.
(hey that rhymes

)​

 

[speckledhen]

Quote:
No, you are talking about zoning or country ordinances. She means Homeowner's Association rules. Unless the association itself votes to change the rule, it won't be changed. If the rule stands, it can be more restrictive than the county ordinances. When you buy the house in that subdivision, you automatically agree to the HOA covenants.

 

[Sonoran Silkies]

If an HOA consistently and blatently ignores a covenant, and does not enforce violations, THAT rule may be ruled unenforceable by a judge. But competant CC&Rs have severability statements that will prevent the entire set of covenants from being ruled unenforceable due to unenforcement of a single provision. State laws can grant rights that override CC&R provisions, but I doubt you will find any that grant the right to keeping poultry. Things you are more likely to find are the right to place solar panels on the roof, flying an American flag, displaying a "For Sale" sign. States limit the powers of CC&Rs, but each state varies, and some allow huge amounts of power, while others curtail the power significantly. The power to forclosure is one area that has been significantly reduced in many states. Not eliminated, but it takes a lot more now than it used to (in some states).

 

[Kamelian]

You could try to obtain a position on the HOA board and try to get an exception granted as an insider. Otherwise, your best alternative is to move to a less restrictive area.