HOA legal?!! Not sure

[sgarlockdavis]

I beleive our HOA is illegal or no enforceable. Here's why. Neighbor complained about 7 month old chickens to zoning. Zoning left a letter that we have two weeks to remove chickens or face a $500/day fine. Went to zoning and signed release of information act to see complaints. Plan to talk to them as soon as we find out which neighbor. In meantime, residential zoning' sappers they gave us defining the residential 10 zone we are in does not have anything about poultry or what you can't or can have as pets. It does say we must follow deed restrictions of HOA. Our neighborhood supposedly has an HOA but it isn't in our deed nor do we pay dues or anyone else for that matter. We often have been told they are not enforceable or legal. There are about 6 chicken owners in the neighborhood. In fact, the neighbor who we think complained, told us many years ago that the HOA was not legal. This said neighbor does however, run a dog grooming business out of their home and the zoning definitely says no to that as well as the supposed HOA. They also use part of our property to store 2 boats. The part of the property that they have argued is theirs but clearly shows on our plot that they are Wrong and when we first purchased this property we had to send them a letter from our attorney asking them to move a 10x10 concrete based kennel. So they may be getting back at us after 12 years. Any input or experience with illegal HOAs? Not worried about zoning more worried about deed restrictions we didn't even know about that may or may not legal? Thx shannon

 

[Code man]

You need to look up the zoning laws listed under land development codes for keeping fowl in a residential area. Weather you do or don't have an HOA is irrelevant if your in violation of zoning.. And Just because six(6) others have them and have not been caught is also irrelevant each states cities & counties have different ordinances . I would suggest you start here: https://www.municode.com/library/

In some cases zoning could charge you $500 a day per fowl fines.. They can send a notice of violation to the bank that holds the deed to the property if there is one. If there is a bank they too can cite the resident for breach of contract.. Lots to look into..

Remember you will need more than a petition to get a local law/ord changed, and its a lengthly uphill battle. Good luck with your endevor!