HOA Restriction

[LittleFeat]

I'm going to throw out a little "devils advocate" question but first just want to clarify that I really don't like HOA's to a point but they do have their place. Now the question: What if in this same neighborhood your next door neighbor set up a coop and run and had 30 chickens (poultry) including roosters. They aren't doing anything with them commercially but just enjoy them. The problem with being against HOA restrictions for what you personnally want to do also leaves the door open for anyone else in the neighborhood to do the same. And what they want to do although basically the same thing as you, Keeping Chickens, is not necessarily the same thing in actualilty. But how can they allow you and not them....as written in the covenant. The restriction just says poultry. It doesn't say no more than 3 and with the requirement the coop be cleaned every day and no roosters, and ..... see my point. If they let you with your small number and very well cared for, they can't control what someone else does.

 

[Sonoran Silkies]

As was just stated, the devil is in the details. It is very easy to state a maximum number of hens or to restrict the appearance of the coop or its location. City ordinances and zoning code do so all the time.

 

[cassie]

Is your HOA active? Some are not. If there is no one to enforce the HOA rules you would have no problem. I have learned one thing on this forum. If I ever decide to buy another piece of property, I will be sure to see if there are any HOA's or any covenents. If there are, I ain't buying the place no matter how attractive it may be!!

 

[GoAngels]

Quote:
Our HOA is very active. Unfortunately, most of the new homes built in California have HOAs (believe me, if it weren't for family, we would have moved away from California long ago). HOAs are not all bad, and I could write a list of things I like about living within our HOA...the issues come in when you want to change your property and have to follow a drawn out process to proceed. Fortunately, I am fairly good friends with the chair of the enforcement committee.

One crinkle is that there is a commercial chicken farm about 200 yards from the boundaries of the HOA that was causing some major stench issues for a couple years before code enforcement and county lawyers reigned in their operation.

 

[flakey chick]

My parents HOA has one really neat thing for it: commons. There is a wide path of "commons" around the entire development for non-motorized travel. People take walks/ jogs/ trail rides off road- away from traffic. One family even drives their horses.

 

[theFox]

GoAngels,

I hope you understand that unless there are provisions in those c&r s to make changes even the HOA would be powerless to make changes unless all of the owners agree.

Good luck.

 

[Sonoran Silkies]

I know California has a number of very specific laws governing HOAs--make sure to check them out thoroughly. I do not know exactly how California statutes are organized or titled, but if anything like Arizona laws, they would come under the fairly broad title of "Property." Within that title the specific chapters governing HOAs are Condominiums, Planned Communities and Timeshare Associations, depending on the specific nature of the community and definitions set by the state. For example, my association is technically a condominium; this is based upon Arizona definition differences between planned communities and condominiums: a condominium association does not own property--all property is jointly owned by the members; a planned community association does own property. Anyways, this is a fluke of AZ law--what is important is for you to find out YOUR statutes.

I do know that California is much more specific on how association monies can/cannot be spent (our Reserve Study preparation company is based in California). It would not surprise me for there to be a law governing the ability to make changes to the documents.

 

[Ariel301]

Argh, HOAs can be annoying. I lived in a house in college that had an HOA in the neighborhood. They would not allow me to park my horse trailer anywhere on the property--not even in the garage! Apparently having a horse trailer in my garage would lower the property value of my neighbors homes. However it was perfectly ok that whoever lived there before me dumped several tons of gray gravel in the yard and spread it all out so that no plants or grass could grow anywhere on the property.

 

[Guinea Goonie]

At one point in my life I lived into a neighborhood with an overpowering HOA. I rented the house and the owner NEVER took care of the place. I started getting Annonymous letters in the mailbox about this or that, that II ended up taking care of. (did i just say that, that ?).

Well one day it came to a head. I had installed a dish network satellite system and the guy put the dish on the eve in the FRONT of the house over the garage.

About 5 days latter, I get yet another annonymous letter in my mail box (no stamp or postal service on it of course.) about the dish and that it HAD to come down.

WELL.......

I went to a place that had lots of dishes that were used and beat up. I bought 5 of them and nailed them up on the SAME eve over the garage.

I got letter after letter about this one. For every letter I received i put up yet anohter dish on that eve. In the end I had 10 of them.

I guess they got the hint, because the letters stoped comming.

I guess they figured I had had enough. (did i just say had, had ?).

I got a lot of dirty looks from folks driving by, but I was ALWAYS freindly and just pointed to the arry of dishes on the eve of the house.

Eventually I moved out, never have gone back to see if the arry was still there or not.

 

[theFox]

Guinea Goonie,

I have a friend who moved to Texas after he retired to be closer to his son and family. He bought a Texas estate (HOA hell), the c&r s required his house to be painted in earth tones. His wife who has problems with distinguishing some colors picked out the paint and he painted the house. Well they got a nasty gram from the HOA, his solution was to get the approved color list from them, he then got cans of each approved color and proceeded to paint his house. You guessed it, they squawked, cackled, and sent him another nasty gram.

His response in writing to them was for them to file a lawsuit and see where you get.

You see he was in compliance and they still didn't like it.