HELP! My HOA wants to evict our hens!!

Discussion in 'Local Chicken Laws & Ordinances' started by EggNog, Apr 1, 2011.

  1. EggNog

    EggNog Hatching

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    Hello, I am a new member and I need help! My daughter has been a member and told me that this forum is very helpful and the members are always ready to offer assistance.

    My dilemma is this I was told to remove the chickens by our HOA. I live in a gated community in an unincorporated area of North County
    (San Diego) and according to the HOA chickens are not allowed. I told them that these are my kids pets and they are not for commercial purposes. We have a very nice chicken coop that my kids designed and had someone custom build it for us. We have 5 hens altogether. My kids and I raised them from chicks. Our first attempt turned out to be roosters and we immediately gave them away. We have a little over an acre and the chicken coop is placed as far away from our nearest neighbors. I also asked permission prior to our building the coop from the neighbor closest to it and she was amenable. Now, months later she filed a complaint or complaints.

    Please advise on what to do and how to go about appealing this situation with the HOA. Any advise, suggestions are very much appreciated.

    Thank you,

    Jo
     
  2. Aubrinator

    Aubrinator In the Brooder

    What type are they? If they are Silkies... well you can't tell me a Silkie is anything but a pet.
     
  3. Bi0s

    Bi0s Songster

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    hmmm first step need to look over the rules of the HOA there should be a book or something see what it says in there to start with
     
  4. HOA are extremely difficult to battle with and win. I'm sorry it happened. Very sorry, but this looks bleak. Depending on the covenant you signed when you moved in, the HOA may even have the power of eviction. Proceed with care.
     
  5. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Jan 4, 2009
    Tempe, Arizona
    What is the exact wording that disallows chickens, as well as any wording regarding animals or pets. I've been president of my HOA for 3 years and am beginning my 6th year on the board. Previously I was on a committee that rewrote our CC&Rs, and am sort of considered the association guru of ours, as well as state law regarding HOAs and Condominiums.

    Also, it it a restriction in the CC&Rs, or in the bylaws or rules documents?

    Do you know your neighbor's specific grievances?
     
  6. EggNog

    EggNog Hatching

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    Thank you so very much for everyone's input. I still welcome more comments/advises out there. To Sonoran Silkies - I emailed you the wording of the CC&R regarding pets. I am really hoping you can help me.

    Does anyone know where to find laws and ordinances about chickens in the county or municipality or who to contact?

    I might as well post the wording of the CC&R here, if anyone would care to comment:

    Section 8. ANIMALS:

    No animals, livestock, birds, fish or poultry of any kind shall be raised, bred or kept in or upon any Lot
    except as follows:
    (a) dogs, cats or such other household pets as may be approved by the Association may be kept on each
    Lot, provided they are not kept, bred or maintained for any commercial purposes or in unreasonable
    numbers; and
    (b) horses may be kept on each of the Horse Lots; provided, however, that the number of horses which
    may be kept on each Horse Lot shall be subject to the approval and control of the Environmental
    Control Committee. Upon the request of any Owner of a Horse Lot, the Environmental Control
    Committee shall advise such Owner of the permitted number of horses which may be kept on such
    Horse Lot.

    Not withstanding the foregoing, no animals, livestock, birds, fish or poultry may be kept which result in any
    annoyance or are obnoxious to residents in the vicinity, and in any event, each Owner shall be absolutely
    liable to each and all remaining Owners, their families, guests, and invitees, and to the Association for any
    and all damage to person or property caused by any pets or other animals, livestock, birds, fish or poultry
    brought upon or kept upon any Lot or the Common Area by such Owner, members of his family, guests or
    invitees, and each Owner shall comply with such reasonable rules and regulations governing the keeping of
    pets and horses which may be adopted by the Association from time to time. Upon the written request of any
    Owner, the Board shall conclusively determine, in its sole discretion, whether for the purposes of this
    Section, a particular animal or fowl is generally recognized as a household pet or yard pet, or constitutes a
    nuisance, or whether the number of pets or horses on any Lot is reasonable. Any decision rendered by the
    Board shall be enforceable as other restrictions contained herein.
     
    Last edited: Apr 3, 2011
  7. littlegorb

    littlegorb Songster

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    the way i read it is you can have them as long as they are not a nuisance?
     
  8. squeakyballs

    squeakyballs Songster

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    Tucson, AZ
    "I'm sorry that our 5 hens have been bothering you. We will give them away. I would really like the kids to have experience with animals, so instead we are going to start a rescue for Great Danes."
     
    2 people like this.
  9. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Jan 4, 2009
    Tempe, Arizona
    TT! :

    "I'm sorry that our 5 hens have been bothering you. We will give them away. I would really like the kids to have experience with animals, so instead we are going to start a rescue for Great Danes."

    Not a good approach; the board has sole discretion in determining what is a reasonable number of animals. They can also then argue that the dogs are not pets, but a semi-commercial venture (seeing as most rescues eventually adopt out the animals they take in).​
     
    Last edited: Apr 3, 2011
  10. crazygoatlady915

    crazygoatlady915 Songster

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    Idaho
    Find a loophole! Ex: I CALL A MY CHICKENS "OTHER HOUSEHOLD PETS"!!

    Edit: BTW, [​IMG]
     
    Last edited: Apr 7, 2011

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