Help with HOA

[S.L.Swope]

Ok, I live in San Antonio TX and we are allowed 3 chicken with in 20 feet of neighbors by the city, but my HOA doesn't allow them. My DH wants me to petition our neighbors to change the rule before I get the chicks. The next meeting isn't until november I think. Anyone have any advice or forms I could use. I was going to get them anyways but I really want to respect him in this since he was totally against them first and I have since changed his mind as long as I can keep them clean. I've talked to my neighbors around me and they are all for it. There are only 250 houses in our subdivision so it shouldn't take too long to go door to door. I would appreiciate all the help I can get. Thanks everyone!!

 

[BettyG]

I live in La Vernia (just SE of SA) I know SA allows chickens in the city limits, but if your HOA specifically prohibits them, not sure there is much you can do. Look at your restrictions, they usually state what you have to do to change a restriction (like get 75% of the homeowners to sign off on it) That doens't sound like much, but they don't make it easy on you, I'm pretty sure you will have to get both of the home owners to sign the pet. (husband and wife) and in addition, it's my understanding that you have to have each sig. notarized ;-( so hopefully you have a willing friend that's a notary....What sub div. do you live in?

Betty

 

[S.L.Swope]

I live in the Mainland Square Subdivision, northwest side of san antonio off of mainland road. Might be able to find a Notary friend of a friend, that would suck if I had to hire someone to go with me and do that. Not sure if I could afford it. I guese I should read into my HOA rules and see if I can figure out who is on the board, maybe I can sweet talk them into helping me out

 

[S.L.Swope]

Does have a petition I could look at to see what I should have in mine, or how to word it?

 

[Sonoran Silkies]

Generally a petition is not sufficient to change the CC&Rs; you will need an election to do so. A petition can probably force an election, but that costs $$$ (I will estimate at least $500, possibly more, just for notification of all HOA members), and it may be better to wait until the next election. Read through your documents and see the exact requirements for changing it. If there is not a provision for changing it, you will need 100% of the membership to agree. Unless the state laws specifically address changing the provisions when it is not mentioned in the documents.

As for requiring all property owners to agree, that is not usual. What is usual is that they must agree on a vote; that votes cannot be split. Your documents will address this, as well as what happens when the property owners disagree on how they wish to vote.

 

[Peep_Show]

1) Check your CC&R's for language specifically pertaining to livestock or poultry. Sometimes you can get to keep chickens under the guise of "Pets" but this would severely limit the number in your flock.

2) Obtain the written revocable consent of all your neighbors within, say 150 feet of your residence that would be impacted by noise, sight or smell of your chickens. The revocable portion gives everyone an easy out if the flock venture turns out to be a bad idea. Include in your paperwork that it is understood that chickens are to be hens, not free-roaming, and premises kept clean and odor free. Also that should there be any problems, owner of chickens has first option of disposing of chickens before action taken involving HOA or Animal Control.

3) Promise your neighbors free eggs.

4) Make sure your coop will not be visible by neighbors or from public property within the HOA.

5) Petition your HOA for a pet-keeping ordinance/exception. Enclose the Revocable Consent forms and diagrams of where the coop would be located and pictures of how the coop would look. Make sure your coop is esthetically pleasing to the eye and not something ramshackle built from pallets or trashy looking. Also cite that urban chicken-keeping is becoming more mainstream, you're into healthier food choices, etc.

6) Pray the Board is having a good day.

Good luck in your venture!

 

[S.L.Swope]

Thank you everybody for the advice. I believe I have a copy of hoa rules in our files and I am going to read it cover to cover now. I don't plan on a large flock because I have a small backyard. But we all know how chicken math goes. I originally thought 3 layers but now I'm thinking get 4-5 layers just incase they turn out to be roosters and maybe 2-3 silkies hoping to get at least 1 hen to possibly hatch eggs when the layers production goes down and my hunger for chicken goes up, but I guess if I eat them their not pets anymore. I'm not sure but I think the next election is in November or December, I think our HOA only meets once a year so I have time if thats how I decided to go about it. Thank you again

 

[Sonoran Silkies]

There is generally an Annual Meeting of the membership, but your board almost certainly meets far more frequently (probably monthly), and as a member, you are entitled to attend meetings (but not to vote). Waiting to do anything until the Annual Meeting means it will not be on the agenda, and may not be able to be voted on. Do your homework NOW. Attend some board meetings and figure out how your HOA operates, the type of neighborhood the board is promoting and how to bet address your concerns. Then do it in a time-appropriate manner.

 

[S.L.Swope]

Quote:
Good to know, thank you.
I'll start sending out the feelers and see what I can find out. I really want to do this but my DS wants it to be legal so we don't get any fines, so I have to do it soon if I want my chicks.