Help! Need input for a problem with the neighbors.....

[Sonoran Silkies]

Quote:
This is a very interesting point. One point of opposition I have encountered in our gated community from one person (at 325 feet away) is that they don't want to set a precedent of suddenly everything would be allowed as pets and then everybody would want chickens. (Well, okay, I wish y'all BYC'ers were my neighbors...it'd be a moot point; right?). So, yes, THEY may deny MY revocable request to even attempt to have chickens, but in our HOA community there would be 27 homes that fall outside of these people's "consent zone" that COULD raise chickens if they wanted to (and got all the neighbors' consent, etc). Bizarre logic. Seems highly unfair, IMHO.

What is HOA policy? If you can get the to okay it as a general rule, it might fit the city's requirements.

That said, the 350' (or any specific proximity) is based upon the distance that they perceive may be a nuisance. So you might ask why they specify 350' rather than 400' or 200'. If they have an answer that is technically appropriate (versus "duh, that seemed like a good distance, duh?) then fine. If the answer doesn't seem reasonable, you might try to challenge the specific distance specified.

 

[Peep_Show]

City's policy trumps HOA policy. As an example, our CC&R's say only two dogs/two cats. The City's stance is 3 dogs/3 cats allowed per household, so lots of people have trios of dogs/cats (or both). Same with the flagpole rule....City standards for height apply. It keeps the HOA management company doing a lot of research everytime an architectural review approval request is submitted.

I would hazard a guess that some Councilman was probably awakened/disturbed by nearby roosters when all this stuff was drafted and probably took his calculations in extremis from there....

 

[seminolewind]

Hi, I think I would go to the HOA board and tell them about your dilemma. You got signatures from your immediate neighbors. But this one neighbor said chicken farms are stinky and she never got back to you. Ask THEM for your help. (makes them feel powerful). If any of your neighbors are empathetic, see if they will write a reference or contact the HOA for your benefit.

 

[Sonoran Silkies]

Quote:
If the city grants a RIGHT to have three doga/cats (as compared with RESTRICTING them to a max of three), yes, it would trump. However, if it restricts, an HOA can further restrict to two, one or zero. If the city says flagpoles can be no taller than 30', the HOA can say no taller than 20'; however, if the city says flagpoles must be (or even have the right to be)30', the HOA cannot take away a granted right.

HOA policy and rules are set by the board of directors, who are typically members of the HOA, and are elected to their position by the entire membership, not by a management company, which is a hired entity that merely enforces whatever policy and rules are set by the board. Not all HOAs use a management company.

 

[Peep_Show]

In this instance the HOA says "Yes, you may keep two as pets" and the City says "But you MUST have the consent of everyone who resides within 350 feet of the coop." The guy who flat out does not want chickens in his neighborhood lives 320 feet away. Which means my next-door neighbor can keep chickens because she's outside of his consent zone, but I cannot. Yep. It sucks. I want to move......

 

[amsunshine]

UGH sorry to hear about your dilemma. I have a similar neighbor only he's right next door. He's a big blowhard and has gone Mr. Legal on me, circulating a letter to me and all neighbors within 150 feet (which is our required distance here for notification, not necessarily consent). Even called Mr. Building Inspector out when he was CONVINCED I was erecting a chicken coop without a permit (boy was he wrong--on the week my boyfriend was here--he lives out of town--, I was having PANELS for a SHED built, then stored...and IFFFFF I got the permit for the shed, I'd erect a shed,,,and THEN IF I got the variance for the chickens, it'd be adapted for a chicken coop THEN and ONLY then). The upshot of it is, he's only succeeded in looking like the classroom tattletale to the government and they are clearly irritated with him with his misinformation and his wasting their time. If he would have just TALKED to me DIRECTLY, I would have been GLAD to apprise him of my plans.

Surely there must be some recourse for you if a neighbor doesn't respond. You have certainly given them ample opportunity to do so, and I agree with that previous poster--their silence would to me mean their consent.

 

[Sonoran Silkies]

While it would ne niceto think that silence means consent, it really depends on exactly how the notification letter and the regulation are phrased. For example, if phrased "neighborX wishes to keep 4 hens at 123 Main St. Permission from all neighbors within 350 ft is required. Please sign and return the included letter to acknowledge your consent" would mean that an unreturned letter was the denial of consent. On the other hand, if phrased ""neighborX wishes to keep 4 hens at 123 Main St. Permission from all neighbors within 350 ft is required. Objections must be submitted by 31 April" would imply that conset is given if nothing is returned.

As a general rule, I do not think that consent can be implied by lack of response.