HOA problems in GA...

[Sonoran Silkies]

Georgia Statute:
"44-3-226. Amendment of instrument; presumption of validity in court action


(a) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify; "

Changing the covenant would NOT be easy.

 

[BigPeep]

I'm a lawyer and chicken owner.

A lot of associations really go inactive after the first couple of rounds of people have moved in and out of the subdivision. It sounds like yours is still functional though.

As it stands, your association cannot prohibit you from having chickens as pets so long as you don't build a separate structure for them. You could, for example, keep them in your garage, maybe with an outdoor run. If your structure was originally a playhouse, you may be able to use that.

Are they really going to hire a lawyer and take you to court? Do they want you to bring in a rooster and keep it on the back porch?
I think you have some leverage here. I would continue to work with them and don't voluntarily take the chickens out unless you have a written agreement. Make them take you to the courthouse. They may back down.

 

[AnnMarie12]

Well, not sure what they are going to try to do next. I would hope they wouldn't want to go to court, but I'm prepaired to if need be.

My structure looks just like a childs playhouse w/ a flower window box, but it is not attached to my house. In the covenants it's states "household pet" - from what I've gathered household is anything that resides at the address and pet is any animal for companionship and amusement. Is this correct?

I understand household is very vague - a dog that lives in the backyard and doesn't come inside is still a part of someones household, correct? Household has so many definitions.

Thanks for your help!

 

[AnnMarie12]

Another thing...I have access to court records, deeds, etc...most every subdivision covenants around me specifies no livestock and no poultry allowed, exept my covenants - which is very vague. Think I have some leverage here?

 

[Winksst]

I have no advice to offer. My HOA clearly says no poultry. But I'm getting me some chickens anyway.

First of all, my parents are my neighbors on one side, and our yards are fenced together sharing almost 2 acres. I've talked to the neighbors on the other side of them, no problem. My other next door neighbors say no problem, and I back up to woods and about 1/4 of my lot is wooded with a mini-creek running through it.

I just ordered a Chick-N-Hutch that I'm going to put up next to the house where *no one* can see it, and the hens will roam during the day.

I've wanted chickens for so long, and I'm really hoping no one sees or cares. I wish my HOA were non-specific, but oh well.

Wendy S.

 

[Sonoran Silkies]

My CC&Rs say "We value the rural, agricultural feeling of BVR and the diversity of agricultural and equestrian activities that this setting encourages," and also "is and shall remain a multi-purpose agricultural subdivision."

And goes on to permit barns and animal shelters (but the house must be buit first), and to limit the number of livestock that may be kept based lot size and matching city zoning for the agricultural district. There are no limits on poultry in the ag district. We also have common area stables which currently house horses and a steer, but have at previous times housed goats, sheep and chickens (possibly others, but not that I am aware of during the last 10 years that I've lived here).

Swine are not allowed (which also matches city ordinance).

We are a 37 year old HOA that is very active; when a property goes up for sale it usually sells rapidly--many people want large lots and the ability to have animals without giving up the conveniences of a city; our property values have not been impacted nearly as badly as typical in the Phoenix area.

We abut another HOA that is also agricultural in nature. Last week a gentleman from that HOA was walking his horse and llama down our street

There are also emu on several of the lots. There are a few folks with guineas in both our and their properties.

Not all HOAs are alike.

 

[AnnMarie12]

Meeting w/ the HOA president tomorrow - they say we have a choice between plan A or plan B. Not sure what they are yet, but I do know some people just need to get a life!

 

[BigPeep]

Your problem appears to be with the structure not with the chickens. I don't see that the restriction prevents chickens pers se as long as you are not selling the eggs or meat. Keep the discussion on the issue of the separate building and what it looks like.

You can tell them that you will just convert your entire garage into a massive coop housing 100 chickens! (That might fall under the nuisance provision, but maybe not if there are no roosters and you keep it clean). You can then just park your cars outside. It doesn't snow much where you are I suspect.

 

[AnnMarie12]

Well, met w/ the HOA president - he gave us two "verbal" options...
1. get rid of chickens within 7 days
2. go to court

We said, we'll see you in court!! When I asked what was our violation, he did not state the chickens, but instead he said we misrepresented the purpose of our structure. The covenant does not state we must provide a 'purpose' for any structure -just the dimensions, material, drawings & where we place it on our lot. Our structure was already approved by our ACC and they did not ask what the purpose was for anyway. I think they may be a bit confused how the law reads! LOL! What do you think???

Many other subdivision covenants specifically state, no poultry, no livestock....ours does not!!!

 

[Sonoran Silkies]

Meet with a lawyer and provide him with a copy all your HOA documents. Take time to mark the pertinent sections, and give your understanding of the meaning.

Also provide him/her with copies of all communication with the HOA regarding your structure and the chickens. Write a summary of all verbal communications, and give timing as best as possibly (4:40 Friday afternoon meeting with HOA president; 10am Tuesday phone conversation with ... ; etc.)

What other communities have in their documents is irrelevant; what yours say and how they say it is what matters.