HOA Orange County/FL looking for advice

[AriaBella]

Looking for advice, my county (Orange) allows back yard chickens. They just expanded to unlimited permits because the program was so successful. We can have 4 hens no Roos, must be caged, no free roaming, but my HOA has a rule written 40 years ago that states the following

*Animals:No animals, fowl, or reptiles on or in lots except for caged birds kept as pets and domestic dogs and cats provided that such dogs and cats shall not be allowed off the premises of the owners site except on a leash. In no event shall such pets be kept, bred, or maintained for commercial purpose.*

No specific mention of not allowing livestock or poultry (I know many HOA’s state those specifically. Fowl/Poultry is used interchangeably, but so is the term bird when defining chickens! It’s total semantics!) When they state “except for caged birds kept as pets” can’t I just say chickens are classified as birds and I’d be keeping them as caged pets?

I doubt my neighbors would even know if I even had them, but I’m trying to do the right thing the right way. My HOA is pretty laid back, but getting a HOA quorum vote to change the bylaw is virtually impossible because no one shows up to HOA meetings. I do know that Texas and Missouri have bills that have recently passed that say HOA’s can’t forbid you from having chickens if your county/city allows it, other states have similar laws pending and I am sure more states will soon follow. We have anHOA meeting on May 21 and I want to present them the latest info on the benefits of allowing BYC, hoping by informing them the trend that laws HOA’s can’t override state/county law are coming down the pike nationwide. We can figure it out - like maybe a test program of some sort. As a last resort, I know I’ll be able to go the emotional support pet route and get the necessary paperwork to do so. But I’d rather not have to disclose my medical information to the HOA.

Any feedback, advice will be so appreciated!

 

[cavemanrich]

As a last resort, I know I’ll be able to go the emotional support pet route and get the necessary paperwork to do so. But I’d rather not have to disclose my medical information to the HOA.

I would just get the chickens, and If the JOKERS from HOA approach you,, Then go the above ESP route.
Who gives a HOOT what your emotional needs are. You can tell them if they disclose your personal emotional situation,, you will Sue.
The county rules state they must be caged. I am assuming they must be contained within a run??
If your chickens must be in small cages,, then pass on keeping chickens.

WISHING YOU BEST,,,,,,,,,,,,,,,,,,,,,,and

 

[AriaBella]

I would just get the chickens, and If the JOKERS from HOA approach you,, Then go the above ESP route.
Who gives a HOOT what your emotional needs are. You can tell them if they disclose your personal emotional situation,, you will Sue.
The county rules state they must be caged. I am assuming they must be contained within a run??
If your chickens must be in small cages,, then pass on keeping chickens.

WISHING YOU BEST,,,,,,,,,,,,,,,,,,,,,,and

Yes, the chickens cannot be free range - so in a coop with a run!
I do think that I could get away with out any one realizing for a long time. Hopefully in that time frame I can get my ESA letter and help get my local state representative to take up the HOA vs City/County law bill to get it rolling. Thank you for your input?

 

[DonyaQuick]

Chickens whose eggs are not sold and who are kept in an enclosed coop and run do seem like they could potentially count as "caged birds." However, even if the rule is technically a bit sloppy, I also think it's pretty clear what that rule was written to actually permit - which is things like budgies and finches kept within the house. Unless you an get some kind of written confirmation from the HOA board that a chicken in a coop and run counts as a "caged bird", or some kind of confirmation from the office that gives out the permits, then I feel like it's testing the boundaries. Just depends whether you want to risk a fight that could end in your chickens being evicted.

If you haven't already, you may also want to check and see if there are any other town, county, or state definitions of terms like "caged bird" that the HOA could reference without changing the wording of rules to enforce a no-poultry interpretation. For example, NY has some weird terminology definitions hidden away in a set of separate aggricultural laws.

I doubt my neighbors would even know if I even had them

Unless your lots are truly enormous, your neighbors will know as soon as they start laying eggs because of the "egg song." Some hens can be LOUD.