HOA is forcing me to get rid of chickens

[nmgator]

Hello everyone,

I was issued a warning to fix my problem with having chickens and my HOA is forcing me to get rid of my chickens. They gave me 30 days to fix the problem. Here is my CC&R's for my HOA reference the chickens,

No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except for cats, dogs or other generally recognized household pets of a reasonable number, provided that they are not kept, bred, or maintained for any commercial purpose; and provided further, than no more than four (4) adult animals are kept on a single Lot.

We currently have three dogs and 10 chickens and the chickens are our pets, all we do is collect the eggs. My son has grown so attached to them as well. He loves giving them leftovers. We currently live in Albuquerque, NM and in the city limits we are allowed up to 17 hens and 1 rooster. I understand that HOA's are different, but i really need help. We don't want to have to get rid of our flock, but we may have to. I would greatly appreciate any advise on the matter, thank you to all

-Sean

 

[Blooie]

and reference this line,

or other generally recognized household pets of a reasonable number, provided that they are not kept, bred, or maintained for any commercial purpose.

they don't list a specific number, just reasonable number

It goes on to say that "no more than 4 adult animals kept on a single lot" and that's a pretty specific number. I think the first question an attorney is going to ask you is if you signed the HOA contract. When you say "yes" the next question will be, "And did you read it or have an attorney go over it first?" Now, I don't see why you couldn't go to the HOA and ask for a hearing to present your case. But that's always a little harder to do after you've already violated their rules. It's tough to convince them that if they'll just grant you an exception or a variance, pr even change the rules for backyard poultry, you'll be good and do exactly what the rules say when you've already proven that you don't really follow the ones already in existence.

I don't like HOAs for so many reasons. What seems like a doable contract when you first fall in love with a house or a neighborhood can suddenly become not-so-desirable as your family's interests and needs change. Most people living in an HOA simply don't want to live around poultry and livestock, and those restrictions are part of the reason they moved there instead of a nice acreage out of town. I wish there was an easy answer for you. I know your son will be heartbroken. There's a tough life lesson in there for him....read what you sign and honor your signature. But it still stinks!

 

[Blooie]

I'm afraid by the wording you have shared that you are going to have to comply.

 

[Kikiriki]

Personally, I don't know why anyone buys a home in a HOA community. Be assured they will pursue legal action, and there are typically very few ways to win in court (which is stressful and expensive even if you do win). You may want to pursue the "health issue" route, but this requires a doctor to state that the eggs are required to alleviate a real health problem. IBS (irritable bowel syndrome) was cured when I went off GMO foods, and store bought eggs. It may have been the chemical wash and coating they use on commercial eggs, but I don't give my chickens GMO foods or feeds with GMOs like soy, canola, and corn. I have seen autism addressed through diet, as well. However, I sincerely believe you are fighting a losing battle because the HOA rules you quoted are very clear.

 

[pfewless]

I would look to see when the HOA made the no chicken rule. If it was after you moved in you may be able to be granted an exception.

 

[nmgator]

unfortunately this law was set back in 2002

 

[nmgator]

can't chickens count as household pets?

 

[matt44644]

I think since chickens are eaten they are always going to be considered livestock.

 

[Blooie]

can't chickens count as household pets?

Not the way your rules are written...it says "no poultry or livestock" pretty clearly, and then lists the only exceptions to the animal rule as dogs, cats, or other generally recognized household pets. That would encompass fish, parakeets and the like, hamsters, etc, but the wording specifically excludes poultry. Even if, by any slim chance, you could fight the ruling against calling them pets, you still have over the number of adults allowed. I'm sorry.

 

[nmgator]

I hate to just give up, I need to talk to an attorney. and maybe there will be a silver lining. Or i may just have to join the board