HOA Fines

[rleigh2975]

Has anyone ever been fined by your HOA for having backyard chickens when it is restricted by the convenants?

Despite the restriction I am building a coop in my backyard and also have already purchased 8 chicks. I am hoping that unless my neighbors complain, that they will never even know about them.

 

[silkiechicken]

Probably depends on how stuck up the "HOA" is... in other words, how well the "community" or an individual who takes it upon themselves to police the community is. Good luck!

 

[rleigh2975]

I have gotten letters about my trampoline and also my kids playhouse because you can see both of them over the fence, but so far they just send one letter and then I have not heard back from them. I have already spoken to one neighbor and I plan to talk to the other ones as well and offer them free eggs too.

I can't imagine that they will be louder than my American Bulldog who just barks and barks sometimes for no apparent reason.

 

[Sonoran Silkies]

Whether or not you can be fined, and how much will depend on your documents and state law, which may or may not limit the amount of fines that can be levied, and whether fines can build up to a point where they can forclose on your home. In Arizona an HOA cannot foreclose on a home regardless of the amount of fines accumulated; not so in other states. Some HOAs have no fining ability, or trivial fines; others have extensive fining ability. Read your documents: the CC&Rs, the Bylaws and the Rules.

 

[PhilErvin]

I don't live under a Home Owner's Association's rules but around here the folks that do report that the purpose of the Association is to ensure that everyone abides by the rules. I guess it just depends on how diligent yours is to enforce the rules.
I have mixed feelings about HOA rules. On one hand I want my property to maintain its value and I don't want my neighbors junking their place up. But on the other hand I want to do as I please on my property. It's a trade off. When I get old I may decide to move into a home under the restrictions of the HOA and then I will give in to the rules like everyone else. But until then I will continue to excercise my right to do as I please.

P.S. My neighbors all know I have chickens because my roo advertises it. My roo is an outlaw by the way, so I guess I don't think the rules apply to me?

 

[Dora'smom]

I just watched a People's Court episode a day or two ago, where HOA rules were the issue. All it took was one bad apple, who had his nose in everyone else's business, was watching the other owners closely for any infraction, and reporting them/hiding in the bushes and taking pictures of them. The guy had several lawsuits against him for trespassing and harassment and had something like $25,000 in fines levied against him, but he was continuing to harass other homeowners.
My in-laws also live with a HOA, and there is constant friction and frequent battles over small infractions. My MIL is always pushing the boundaries a little and stirring things up, but I have never seen her actually fined for anything. She has, many times, though, talked of suing the one neighbor because small leaves from that neighbor's tree fall on her deck.

It just depends on your specific covenants and rules, and if you have someone in the neighborhood who has no life, and a copy of the HOA covenants/rules in their hands at all times to keep the neighborhood honest. I think some people see it as their mission.

 

[dsqard]

I have to say that I checked the CCR's for our development before I got chickens to be sure what the rules were. The CCR's are clear on how many animals you can have per acre but do not talk about how far away from property lines or houses coops/barns need to be. Personally, I placed my coop further away from the neighbor's house when I got the rooster. I have the barn between the coop and their house just to help dampen the noise some since I do have the coop closer to the front of the property than the back so I can keep an eye on things. We are pretty lucky, we don't have any rule mongers running around pointing out small "infractions". We have totally followed the rules but our neighbors have not. You are supposed to landscape your property with in one year of occupancy. I believe the neighbors have lived in their house for two years and their landscaping has not been done. I am not going to complain about it though because why start trouble? They are working on it a little at a time and are keeping the tumbleweeds down so as far as I am concerned they can do what they want.

 

[Sonoran Silkies]

Quote:
Well, do your rules define acceptable landscaping? If not, then the HOA would be hard pressed to fine them for it. Sounds to me like removing hte tumbleweeds and keeping the natural vegetation under control could be viewed as landscaping. On the other hand, if they were letting the weeds grow tall, develop seed head that can be carreid by wind or birds to other properties and letting the tumble weeds tumble through the neighborhood, then they are not maintaining their property.

We legislate the number of large (horses, cows and similar) and small animals (sheep, goats) based upon lot size; however, our rules match city ordinance word for word. In the Ag district, there is no restriction on poultry

so regardless of lot size, we can have as many as we want, including roosters, peacocks, guineas and any other type of fowl. We do not legislate placement of coops or other animal housing except that the residence must be built first, and city code must be followed as far as setbacks. City has no setback for anything smaller than 200 sq ft so long as it does not exceed 8' tall.

Oh, and you must have fencing that will contain your animals on your own property and not allow them to wander or "fly about" off your property.

 

[rleigh2975]

I did read the covenants and even sent an anonymous email to the HOA rep and they definitely do not allow chickens at all. It does not specifically list out specific fine amounts though.

I have a co-worker that lives in my neighborhood and I know that she does have chickens, so I am probably going to try and get in touch with her to see if she has gotten any letters from the HOA about them.

Thanks,
Rachel

 

[Sonoran Silkies]

You need to specifically look for authority to levy fines. If it is not listed in any of your documents, they do not have the authority to do so. The CC&Rs are a legal contract between the association and each homeowner. If something is not included in hte contract, it is not part of hte contract. Generally the CC&Rs would grant or deny the ability to levy fines, and details over what can be fined and the amounts would be covered in the Bylaws and/or association Rules.