HOA Restriction

[GoAngels]

I am looking into whether or not we are allowed to have chickens in our backyard. In researching our county zoning ordinance, chickens are allowed however, our HOA CC&Rs appear to be more restrictive. Here is the language used:

No animals, fowl, reptiles, poultry or insects of any kind ("animals") may be raised, bred or kept on the Properties, except that dogs, cats, fish, birds and other usual household pets may be kept on Lots, provided that they are not kept, bred or maintained for commercial purposes, not in unreasonable quantities nor in violation of any applicable local ordinance, nor in violation of the Restrictions.


My view is that chickens would fall under the bird category and would be allowed. Has anyone dealt with an HOA with a similar restriction or does anyone else have a differing view on this?

In any case, I am likely to proceed whether or not the HOA allows chickens. I don't think that any of my neighbors would make an issue or it and I don't want to alert the HOA unnecessarily.

How loud are hens? We have 7200 square foot lots with a block wall separating our house from the rear neighbors and solid wood privacy fences on the sides. Would noise from the hens be audible through such a wood fence 10 feet away?

 

[lleighmay]

The way I read your restrictions I believe you will have trouble with the HOA as chickens are widely and generally considered poultry despite the fact that some keep them as pets (whether inside or outside) in the same way they might keep a parakeet or parrot. If you decide to try to "fly under the radar" and hope your neighbors (and not just the ones immediately adjacent) will not complain then more power to you but be prepared to get into a legal fight or be compelled to get rid of your pets should things not work out like you hope. If you can afford it you might even have a lawyer take a look at your HOA covenants in advance in case any loopholes can be found. As for whether a chicken can be heard through a wooden fence 10 feet away- I promise you a hen (even a quiet one) who has just laid an egg and is proud of her accomplishment can probably be heard throughout the immediate neighborhood. I do wish you luck whatever you decide to do and I hope everything works out to your satisfaction

 

[mistyfeather]

in that instance it is forbiding puoltry(chickens) your HOA in other words forbids raising any animal for profit (breeding dogs or cats as a breeder) this is why i will NEVER own a home that is governed by an HOA !!!!They restrict too much and you have to be VERY careful of being caught breaking HOA rules because they can and will force you out of your home if you do not comply. while we were looking for our home to buy i turned down 5 souly on the fact they were in an HOA. if you are sure none of you imeadeate neighbors will care it would be best if you go about it very stealth like

if the HOA FINDS OUT THEY WILL DEFINATELY MAKE YOU GET RID OF THEM. most HOA's will not bend on any of there rules . even if your town alows backyard chickens if the HOA says no , your out of luck. and MOST do NOT change their rules.

 

[Sonoran Silkies]

You could make a case that a hen or three is a pet. Much more than that and they will definitely interpret it as livestock. Also note that you will not be able to sell eggs, hatching eggs or chicks as you would then be considered commercial. A 7200 sq ft lot is pretty small--I am quite sure that neighbors would hear the egg song and also any freight noises such as they can make when a hawk swoops down.

My lot is 6/10ths of an acre, earlier today a hawk swooped down (probably at least a couple of times) and the racket from very close to my back door was VERY loud. Yes, I have a lot of birds, but I think that with even one or two it would have been quite noticeable. I was inside & the doors were closed, but the commotion brought me running FAST. Fortunately Mr Hawk was unsuccessful in his swoopings.

 

[chickenshagg]

Quote:
I believe you would be able to keep three or four hens by making the claim that they are pets. After all once you get chickens you will see that each one will have their own personality and will quickly become a pet. When my chickens see me coming they all get excited. Whenever they are out to free range they will often come running to me when they see me outside. I can also call them and they will go into their run with me. I have names for almost all fifteen of my chickens.

I also would not worry about the noise. Although they are not silent they do not make the noise that a dog would. They might squack at times but they are not continuously noisy. I do not hear my hens very often.

Good luck and

 

[Sonoran Silkies]

If you choose to ignore your HOA restrictions, you can expect to be fined in accordance with what the documents allow. The CC&Rs are a contract between each homeowner and the association. While you may not like their restrictions, by purchasing the property you agreed to them. If the HOA chooses to take you to court, unless that particular covenant were ruled unenforceable--and that would probably require you to show that as a whole it has been ignored, that there are a number of other ongoing and past violations of that particular restriction--you might well be ordered to pay all attorney fees and court costs--not just yours.

To have htem judged as pets, not poultry, you would have to go the extra mile to show that they are being cared for as you would a pet, not as livestock. While I personally do not mind the noise, with as small a lot as you have, I do not believe that you would be able to keep them a secret unless you have them inside nearly 24-7.

You would do much better to start attending board meetings and get to know the board. Volunteer and become an active participant in the HOA; run for the board.. Find out what it takes to make changes and start the process.

 

[Guinea Goonie]

When you heard the word "HOA" you should have run, not walked away from any home ownership.

They have WAY, WAY too much power over your property and usually the are run by a bunch of power hungry idiots that just want to rule your world.

 

[GardeNerd]

I live on a 6100 sq ft. lot with a 6ft tall block wall. I have three hens, and in talking to my adjoining neighbors, at some point everyday, each of my neighbors can hear my chickens either with the egg song or calling me to let them out at dawn. However, until they were laying age, no one around would have known I had them, if I didn't tell them they were back there. Once they started laying, they got talkative. They are not quiet enough to be stealth chickens, although I would consider my hens quieter ones, in comparison to the other two flocks in the neighborhood. The neighbor across the street has two pretty noisy hens out of her 6 chickens, and they can be easily heard at from across the street, and up to about 200 ft away (she doesn't have a rooster either.)

Barking dogs are more far annoying, however, the hens are noticeable singing the egg song since it is an unusual sound for a residential area. If someone walking by hears the hens and has a grudge or likes to make trouble for others, you could have a problem with your HOA.

 

[mistyfeather]

they WILL NOT concider 3-4 as pets. birds are in door pets that are caged, not chickens out side with a coop and run! Almost all HOA's will not alow you to keep a dog out side, if you have a dog house (if they alow one they will have a standard that you should have, if not they will make you get a wooden one and paint it the same collor as your house) most do not allow outside dog houses.they will usualy only alow one out builing (shed) that has to be the same color as your house. they would not allow you to put up a coop and run, they will veiw it as an eye sore no ifs ands or buts about it, its not just fines you will face but they can make you sell your home and leave if you dont comply.

 

[mistyfeather]

you should also know that some HOA's also send someone around for code enforcement, right down to the "you did not plant the correct variety of boxwood in the front yard, you have untill the 15th to replace it. i'll come by on the 15th." my friends grand mother lives in an HOA and the house across the street had to remove and replace their boxwoods because they were not an aproved variety.

you could consider moving

that would be less of a hassle then dealing with the HOA