HELP! My HOA wants to evict our hens!!

[Sonoran Silkies]

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It sounds like you have what is called here a "Neighborhood Association." No assessment, no rules, just civic minded people who want to work to bettter their neighborhood. There are also some places that have voluntary membership that allows them access to facilities such as neighborhood swimming pools, golf courses, tennis courts or clubhouse. Pay a fee (which covers the cost of maintaining and running the facilities) and you can use them, opt out and you cannot.

 

[Sonoran Silkies]

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Unless it is a RIGHT granted by the city or state, HOA covenants can be MORE but not less restrictive. For example, in Arizona, there is a RIGHT to have a flagpole, but HOAs are allowed to set reaonable height restrictions. The city may limit a person or residence from having say more than 5 dogs, but an HOA can limit their residents to two dogs; however, they cannot legally allow thier residents to keep seven dogs.

In Nevada (well, our community in Henderson, anyway) it is just about the opposite. Our HOA says only two dogs allowed but the Henderson City ordinances says three, the HOA bows to the City rules. The HOA says no visible antennae (cable-ready community), but the feds say you cannot restrict a person's choice in media and ergo lots o' satellite dishes. Our HOA can dictate *where* you can plant your flag pole, but height is determined by City. I guess it depends on the HOA and the specific CC&R's of a community.
Our CC&R's have a restriction clause about keeping livestock, birds and reptiles, but you can petition the HOA about "pet" status... Unfortunately, the City of Henderson allows hens only but ONLY if you have a written revocable consent of all neighbors within 350' feet of your coop filed with Animal Control. (That's 10 acres, folks) My immediate neighbors are all for a small 3-4 hen coop, but one sourpuss biddy 320' up the street is adamant that she doesn't want chickens in her neighborhood. Nevermind that my next-door neighbor could keep chickens as she's out of the biddy's approval zone. I am looking forward to the day I can move to a less regimented ag-zoned neighborhood where my neighbors have no power and control over what I do in my backyard.... The present situation seems vaguely unconstitutional.

Your HOA documents are more strict than city code. Whether the board chooses to enforce that covenant is moot. We actually wrote ours so that most violations are city code violations--that way we do not have to pay the expense of enforcement. The antenna rule violates a right granted by the FCC, and thus the restriction violates that right, and is not legally enforceable. Any place on your property more than 350' from the complainer?

 

[Marion565]

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x2

 

[dsqard]

I know this is a little off topic and I apoligize to the OP for doing a little hijacking.

I have to agree with wyoDreamer about HOA's. I know there are some real stinkers out there as far as dictating house colors, fence colors and materials they are made out of etc. I wouldn't live under a HOA that is that restrictive but I have lived under a HOA in Florida and I live under one now in Utah. Before purchasing the land and building our houses we read through the HOA's CCR's and decided if we wanted to live under those rules. I truely believe that HOA's do serve a purpose to help maintain the property values in a subdivision. In Florida we did have a home owner that was forced to sell since they were turning their property into a broken down car junk heap. They were given the option to clean up the junkers and a time frame to do it in and refused so were forced to sell. I guess we have been lucky in the sense that some of the other rules that were kinda silly (like you couldn't leave your car parked in the driveway, you were supposed to park in the garage) were not really enforced. In the HOA I live under now, it is again, more to maintain the property values than to dictate what color your house is. All houses must be site built and you have to install landscaping in the front yard in the first year you live on the property. There are restrictions on animals but I think they are fair and the restrictions are based on the size of your property. Again, I read all of the CCR's before I decided to buy the property.

 

[EggNog]

Hello again BYC, I have been quiet but not gone just got busy. I would like to update everyone especially those who shared their ideas with me initially. I sent a letter to the HOA asking for them to consider my five hens as pets, unfortunately, they turned down my request flat out, no real reasons given but threw back at me the clause in the CCRs that states,

"Upon a written request of any Owner, the Board shall conclusively determine, in its sole discretion, whether for the purposes of the 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." They added, "In reviewing this matter the Board considered: (i) your request and explanation, (ii) the recommendations from the Security Advisory Committee and (iii) past practices and decisions of the Board of Directors.

The HOA gave me 30 days to remove the chickens, unfortunately, I have been travelling and did not get the notice until just a few days ago, so I only have 7 days to comply! I plan to further appeal their decision but in the meantime, I feel I am left with no choice but to remove or relocate my chickens. I appreciate the role of HOA and they have done a good job maintaining the neighborhood but on the other hand, I don't understand why I can't keep five harmless chickens for pets.

Anyway, again thank you to all who have given me some advice especially Sonoran Silkies. If you folks have more ideas as to how I should pursue this further with the Board, I welcome them.

 

[calista]

You know, EggNog, with due deference to Sonoran Silkies and others who have provided expert advice as to what an HOA can and can't do, I'd try one more thing before I capitulated to the edict for removal.

Call an HOA specialist lawyer. (Many provide a free initial consultation.) A Google search, for instance, came up with this intriguing statement on the website of an HOA attorney in your area:

This doesn’t mean that HOA’s can do whatever they want to, nor that individual homeowners have no rights outside of the CC&R’s.

http://boyerlaw.net/practice_areas/hoa_disputes.php

At least you would have an opportunity in a consultation (or even one paid visit) to ask all your questions and find out if there is any chance of a legal strategy to let you keep your hens by setting a precedent to define them as family pets.

Good luck and best wishes.

 

[Naturemoma]

you don't happen to live in Charleston,SC…we are having a similar problem. Someone has just said something after 8months. We have no fee's or agreement we have even signed and we have noticed many other" violations" in the neighborhood. When I brought them up,I was told, "that happened over time and people just weren't paying attention" I'm not sure what they can do or what they will do. I really don't intend to get rid of my hens.

 

[N F C]

At a recent poultry meeting, this topic was touched on. Here in the part of FL I live in, whatever the HOA contract limits a homeowner to will trump what the county laws are because the homeowner voluntarily agreed to the HOA contract when they purchased their home.

In other words, if the county says you can keep backyard chickens but the HOA says no, the HOA wins because the homeowner agreed to abide by HOA rules.

I've never lived in a contract-bound community so maybe different places have different rules (re: county laws vs HOA rules). It would be hard to have to give up your birds.

 

[realsis]

I'm so sorry your neighbors complained.sounds like it's the HOA that determines weather or not your animals are "suitable" pets or nucences. It just really makes me angry that you spoke with your neighbors PRIOR to getting them and they said they were fine with it then go and turn you into the HOA! That's just wrong! If you can get your neighbors to SIGN a paper stating that your hens are NOT a nuance or problem then present that paper to the HOA. I'd approach the person who turned you in and ask them what is the problem specifically and offer to a dress the issue. Example if they say they are too noisy offer to move the pen farthest from that particular neighbor. If they say they stink offer to a dress the issue and make certain their is no smell.but you must confront the complaining neighbor to find out the exact nature of the complaint and offer to a dress and fix the issue. Then once the issue is fixed see if that neighbor will sign the paper stating that your hens are not a problem. If the HOA sees that your neighbors don't mind then they could possibly allow the hens.but if the complaint is not addressed I'm afraid you will likely loose them due to your complaining two faced neighbor. Be pro active and try and fix what ever issue she is having with your birds. It certainly won't hurt to try. And DO get as many signatures as you possibly can to present to the HOA. I wish you the best and hope it works out.

 

[Naturemoma]

We have already spoken to all neighbors, even ones that are not directly next to us. They have all agreed to sign something, and we are going to approach that route. We are crossing fingers it works.