HOA Restriction

[Sonoran Silkies]

Not all HOAs are as bad as you describe Mistyfeather, and state laws vary on the extent to which fines can be enforced. I did not notice or see anything that indicated the sate that the OP lives in, but I do know that in Arizona HOAs cannot force one to sell ones home over fines. The only situation in which they can foreclose is for significant and long term unpaid assessments.

However you do illustrate the point of checking state laws.

 

[mistyfeather]

yes some are not as bad as other but i have alot of expierience with them and you REALY need to read the fin print when you sighn the papers moving in. many of them have a statment in their that if you are found to be noncompliet to HOA rules and regulations and or have had multiple compliant by nieghbors or have ben found to be a nuicense to the HOA comunity that you forfiet the right to retain residence in the HOA property if you do not comply. many people do not know these things until its to late, many of them will have some type of wording about if the majority of the neighbors file complaints against you , then you give up your right to be there and have to either become complient very quickly or move, they can and do take people to court to have them removed, state can not do much as you are signing a contract specificaly with the HOA and agreeing to their terms.

 

[catdaddy66]

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AMEN!! I second that emotion

 

[Wifezilla]

Just get quail. They can be kept indoors. I have 4 in my den right now

 

[wohneli]

I think you could have a court battle if you wanted to stand up for the vague language in your HOA. If you are not keeping chickens for breeding (No Roo's), and are not trying to sell eggs then you should be okay. Additionally, most HOA's don't have the money needed to wage any sort of legal battle if you put up some initial resistance.
Good Luck.

 

[Sonoran Silkies]

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State laws are superior to HOA covenants, as are federal laws and even county & city ordinances.

 

[theFox]

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I'll bet those HOA board members and the policeman on the next street over in that HOA area are in violation of that little part of the restriction ;-) .

Have at it this is yet another bunch of verbiage that was better left unwritten.

 

[Sonoran Silkies]

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I wouldn't count on that. I do not think the language is vague. Chickens are poultry, which is specifically forbidden. "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." The commercial purpose relates to "dogs, cats, fish birds and other usual household pets." The only portion which seem overly broad/vague is "unreasonable quantities."

 

[Sonoran Silkies]

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I'll bet those HOA board members and the policeman on the next street over in that HOA area are in violation of that little part of the restriction ;-) .

Have at it this is yet another bunch of verbiage that was better left unwritten.

So you want apiaries in your neighborhood on lots that are only 7200 sq ft? I sure don't.

 

[theFox]

Quote:
I'll bet those HOA board members and the policeman on the next street over in that HOA area are in violation of that little part of the restriction ;-) .

Have at it this is yet another bunch of verbiage that was better left unwritten.

So you want apiaries in your neighborhood on lots that are only 7200 sq ft? I sure don't.

Nope, I want that entire restriction declared invalid due to improper selective enforcement.