HOA Restriction

[GoAngels]

Update:

It appears that there are at least 5 other people in our community who have chickens. My wife and I actually heard a rooster while we were walking and the FedEx person confirmed that a bunch of other people have chickens and one does indeed have a rooster. So it looks like we are at least somewhat ok to proceed even though I won't be advertising that we have chickens.

 

[misspeach]

Hi,

This is my first time on a forum. I would like to add a similar question regarding HOA restrictions and keeping hens. Hope I am doing this (forum thing) right.

I live in California. My cities municipal zoning website states that I can have up to 10 chickens and 2 roosters so long as all enclosures are at least 35 ft. from any dwelling unit on an adjacent lot. My HOA does not address chickens (or anything pertaining to animals whatsoever). It does, however, have a section titled "NO NUISANCE" which reads...."Nothing shall be done on any lot which is or may become an annoyance or nuisance to the other lot owners. For example, no external speakers, bells or horns shall be permitted on any lot, other than usual and customary burglar alarm systems...."Obviously, this is very vague.

My husband and I would like to get 3 or 4 hens (for eggs) for our family of 6. We have three neighbors whose properties touch ours. As a courtesy to my neighbors, I mentioned to all of them our intentions, letting them know we would be responsible hen owners (keeping coop clean, etc) and to let me know if they had any questions. 2 of our neighbors think it is a wonderful idea, but 1 is highly against it. (To the point of threatening to call the police if our hens wake him up at 3am).

With the very vague language of our HOA, we are concerned that our 1 disgruntled neighbor could repeatedly cry, "NUISANCE, NUISANCE!!" every time he hears a cluck from our yard, resulting in us having to get rid of our hens.

Has anyone experienced a situation like this where 1 angry neighbor has prevented you from raising hens?

 

[Sonoran Silkies]

The only reason hens would awaken him at 3am is if they are disturbed and awoken.

 

[PineappleMama]

Wow, your HOA is strict... kids can't even have a gecko.

Fowl = Ducks, Chickens, Geese, Turkeys... in our city laws it's defined more clearly, but the general heading is "The Keeping Of Fowl"... odds are you're going to have problems... all it takes is ONE person making a call to any member of your HOA... and then you're in for it.

HOAs are nothing but overblown grass nazis if you ask me...

 

[Sonoran Silkies]

Quote:
I don't see where you are getting this. As written, the restriction is very vague and overly broad. Chances are that a court would require specific demonstration of how something is a nuisance, and then apply common sense (if such a thing exists

) in determining whether it is in fact a nuisance.

 

[PineappleMama]

No animals, fowl, reptiles, poultry or insects of any kind

Only problem Sonoran is that for that to happen you actually have to go to court... which is time and resource consuming ... and assuming that you knew about the HOA when you bought the house and were aware of those rules and signed off saying you understood, etc. the judge would most likely make you live up to your word. At least, one would hope that a judge would... I think the thing is just plain goofy, but if you sign up saying you're okay with these rules, then later want to shirk I can't blame the HOA or a judge for making you stand by what you agreed to. One more reason I'm paranoid about fine print. *shrug* ​

 

[NorTracNY]

misspeach,
I'd suggest you start you own thread. People will get confused as to who is addressing with person's question. For your "No nuisance" rule, I'd ignore it. Your hens are not going to bother someone at 3am. That rule is so vague that I'd say your neighbors car is a nuisance because it makes too much noise when it goes by your house.

Mark

 

[Sonoran Silkies]

Quote:
Only problem Sonoran is that for that to happen you actually have to go to court... which is time and resource consuming ... and assuming that you knew about the HOA when you bought the house and were aware of those rules and signed off saying you understood, etc. the judge would most likely make you live up to your word. At least, one would hope that a judge would... I think the thing is just plain goofy, but if you sign up saying you're okay with these rules, then later want to shirk I can't blame the HOA or a judge for making you stand by what you agreed to. One more reason I'm paranoid about fine print. *shrug*

Okay, I was responding to the most previous restrictions mentioned (not be a nuisance), not the OP's. Sorry.

Yes, the restrictions in an HOA are a contract between each homeowner and the association. However, in any legal document, the language is very important, and any provisions must be clear. Anything that is vague or overly broad or widely interpretable can be difficult, and stands a high chance of being ruled unenforceable. It is common for the non-prevailing party to have to pay all attorney and court costs, although individual state's laws may vary on this, as well as individual HOA's CC&Rs (law trumps the CC&Rs when there is a conflict).

 

[Nyrial]

Quote:

Yep.

 

[jdellosso]

My HOA has the same wording-must just be the stock language. It does indicate they can order the removal of any animal that makes excessive noise, and no animal is allowed to defecate on common landscaped grounds. I have had my two cochin hens since last August, and one has just started laying. She does make a racket for about two hours before laying, then silence. I agree with other posts that we could make a good case that they are pets. My house also has a 10 x 10 atrium in the center of it, and that's where the girls primarily hang out so my house absorbs most of the noise. No one has complained yet, and I am confident I can buy them off with eggs. I believe the spirit of the rules is that one cannot breed them and have a resulting caucophony of squawking or bad odor. The crows make more noise than my girls! In my experience, it takes someone to complain, otherwise you are probably fine with a couple. I like the idea of volunteering for the HOA...think I'll look into that!