HOA Restriction

[Mike & Baby Chicken]

Quote:
Where can I find out if my CCR's are trumpde by law? Our city has a new law (in effect last year) that allows us to have 5 chickens. However, our CCR's say no fowl. What can we do?

 

[Sonoran Silkies]

In this case your CC&R's take precedence. CC&Rs can be more strict than law, but not less. If it were the other way around, (the CC&Rs said you could have chickens, City Code said "no") then the City Code would take precedence.

It all depends on how the law or ordinance is worded. If it is guaranteeing you a right (as compared with restricting unlimited rights), then it will take precedence.

In cases where a law is clearly designed to guarantee rights to those who live in HOAs that is usually clearly stated. This has ocurred in Arizona for erecting flagpoles and flying flags, installing solar panels, parking on the street or in the driveway, voting and hearing rights, etc. It is different for every state, and I doubt that most would specifically address poultry or other animals--there is simply not a large enough contingent to make it worth the legal effort of getting the laws written and passed. I think Michigan with its Right to Farm Act has the closest chance of actually addressing it, and I doubt even they would.

 

[Mike & Baby Chicken]

7.04.052 Regulations and violations relating to livestock.
Section C.
1. Up to five hen chickens are considered normal household pets. It is unlawful for poultry to make unreasonably loud and raucous noise, or for odor emanating from the rearing of poultry to be perceptible at the property boundaries. Poultry shall be housed a minimum of forty feet from the front property line.

Pretty clear. Some peple did some pretty hefty leg work to get this passed. We also have rather strong preemption laws in this state. Both the City of Seattle, and the City of Vancouver WA have both found tha out the hard way in the last year.

 

[Sonoran Silkies]

The thing is that an HOA is a contractual agreement between the homeowners and the association. Unless the terms of the contract are deemed to violate rights of their citizens, they can be just about anything. Some HOAs require specific types of landscaping, or require that the landscaping NOT include specific plants or even styles. Despite living in the middle of the desert, I know of several HOAs that disallow desert landscaping; I also know of other HOAs that require it.

Since city (?) ordinance defines hens as household pets when there are 5 or fewer, if your HOA merely limited the number of household pets, you could say that they were allowed; however, if it specifically says no fowl, or no poultry or no chickens, then I don;t think it would apply. If you want to push the limit, talk to a local attorney who is familiar with your ordinances and state laws governing HOAs.

 

[Mike & Baby Chicken]

Thanks for the help... I spoke with the city (before I saw your reply) and they gave me almost exactly the same answer. They said that as long as the CC&R's didn't require you to do something illegal, they could get away with almost anything. She suggested I speak to the neighbors and explain it to them. For there to bbe a problem, somebody has to complain, but if everybody in the neighborhood is OK with it, then there shouldn't be a problem, and we COULD go to the HOA and get the restriction removed, or get a waiver. If we wanted to go to all that trouble. All it might do is put us on their RADAR.

This stinks.

We're moving.

They bosses have spoken..... (kids!!!)

 

[Sonoran Silkies]

The nature/character of HOAs can vary dramatically. One question I would ask is whether they are professionally managed or self-managed. Professionally managed HOAs tend to be very strict on rules and regulations (the managers have no authority to make changes--that authority rests with the board and community voting. The micro-managed HOAs tend to be professionally managed. Self-managed HOAs, on the other hand are more likely to be flexible on making changes--doesn't mean they are always willing to--but they are more likely to at least listen, and if there is community support to make the changes requested. Do realize that they have to balance the needs and desires of the whole community with those of individual members.

Also, large HOAs tend to be more strict and less flexible than smaller ones. These are general statements--and may not be accurate for any specific HOA.

 

[TeaKettleK]

Is there a phone number? You could call (or ask someone to call) anonymously and ask if the HOA has ever granted a waiver for a small, quiet, I swear you won't even know they're there backyard flock and what the chances might be for someone who might want to see about getting one...

Or get silkies and frizzles say they're circus poodles.

 

[Sonoran Silkies]

If there is a management company, chances are there is a phone number,and you could be anonymous, but chances of getting any leeway is about zilch--they do not set policy or make decisions--they simply enforce what is already set.

If there is not, I doubt you could be anonymous--I would not discuss neighborhood issues with someone who would not identify themself. I know if one of our residents called and asked that type of question, I would specifically tell them what our documents do and do not allow, and ask them to come to the next board meeting to present their request (assuming that is it something disallowed). The board as a whole sets the rules and authorizes exceptions. The HOA as a whole sets the CC&Rs and is likely the only body authorized to make exceptions. (Note that there is a distinct difference between rules and covenants/restrictions.)

 

[Mike & Baby Chicken]

Thanks for all the great comments and help... Sorry to highjack the thread!

 

[MoSo]

My chickens will be stealth chickens, as our CCRs forbid them. On the other hand, since there are only 6 houses built on the 40+ lots (of 2-4 acres each), I'm not too worried that my 5 or 6 hens will cause a problem. My closest neighbor is more than a 1/4 mile away. We're on the edge of the subdivision and own two adjacent lots.

I don't plan on having a rooster - although I have my suspicions about 2 of our 6 "pullets," presently about a week old.