"HOA" vent. . . living in the mountains in CO and can't have chickens???!!!

[ChickensRDinos]

Check out the HOA. Does it even exist and who is on the board, how is it governed, and how does it enforce infractions and levy penalties. And whether it is even legal. Often if there is an HOA there are some fees. And check your deed. There should be something about an HOA and covenants, if any, therein. The very first thing I did when I bought this property to see if there was an HOA. If there was, I wasn't buying it.

x2 lol that was at the top of the list I gave my realtor. I never want to deal with that.

Check really really carefully for anything that you signed. If you signed contracts that will be harder to fight. If you have not signed anything you are in better shape.

 

[Sonoran Silkies]

I can only speak to Arizona law, but when purchasing property in Arizona that is governed by an HOA, you must sign an acknowledgement. If you do not sign, the purchase cannot proceed. However, you would be liable for any loss to the seller for the contract falling through.

However, sometimes there are a TON of papers to sign. I recall a refinance where the processor was HIGHLY annoyed that I demanded the time to read everything before signing. The processor is SUPPOSED to explain each paper, and what it is, and you are supposed to be able to read through each one. Some people may not, but it can come back to bite you if you did not.

You do need to verify that there IS an HOA, and that they have the power to enforce their covenants, You also need to have the entire set of HOA documents. That would be the CC&Rs. articles of incorporation, rules and a list of all board members and officers. You have a right to know the finances of the HOA (which will tell you whether or not they have the funds to enforce a court battle).

I am confused though. First you said you knew nothing about an HOA, then you mentioned paying a membership fee when you moved in to get "a sweet deal" on propane? Which is it? You knew about them, or you did not? And are they voluntary (as in if you had not paid the $25 fee, then you would not be subject to their covenants)?

 

[olefarmersdaughter]

Call me petty but I would get a copy of the entire HOA rules and regs and mark down EVERY infraction that every other neighbor is guilty of down to paint color, vehicle parking, plant species, and pets. If you have to suffer, so should everyone else.

 

[Autumn Acres]

I did not know there was an HOA when I purchased the house, and I did not sign anything at closing stating such. I researched my county laws, and the hens were just fine to have, and even a horse was ok to have, because I own an acre. Once I closed on the house, I called the water district to setup the water service. At that time, the lady who I spoke with encouraged me to pay the $25 to join the Community "Water District" because I get a great deal on propane. She also notified me that water was scarce in the community, so there were restrictions on usage to regulate it. I paid the $25 without hesitation, as she acted like the welcoming committee, was very friendly, and seemed very happy to have me as a new neighbor. Still never signed anything. Now, all of the sudden, this same lady is calling me and mailing me letters regarding the chickens. And she pulled covenants to show me where I was in violation. I still haven't signed up to join any HOA. I did pay money, but technically, I've paid to a water district, and not a homeowners association, as it was never referred to as an HOA.

What I've been told by the neighbors (who like the rooster & hens), is that the HOA just likes to find people to pick on. Someone up the street from me used to raise iditarod (sp?) dogs. The barking drove neighbors nuts, and there were constant complaints to the HOA. But the HOA couldn't do anything about it, because they have no way of enforcing these laws. Besides, the HOA picks and chooses who the laws apply to. I know of 2 other neighbors who live in the neighborhood and raise all sorts of poultry & livestock (goats, rabbits, chickens, etc.).

If the $25 per person a year is dues to the HOA, I'm sure that money goes to road maintenance, and there is nothing left over for enforcement of these laws. Just aggravating to be the one picked on. I'd seriously consider selling the house and moving if I could afford it. I don't like to argue with people, but when you live more than a half mile away on the side of a mountain, why are you complaining about the rooster, when the people who are literally right next door enjoy hearing him? He is NOT that loud. No louder than the crows cawing, or elk bugling, or any other animals in our woods.

 

[Sonoran Silkies]

I did not know there was an HOA when I purchased the house, and I did not sign anything at closing stating such. I researched my county laws, and the hens were just fine to have, and even a horse was ok to have, because I own an acre. Once I closed on the house, I called the water district to setup the water service. At that time, the lady who I spoke with encouraged me to pay the $25 to join the Community "Water District" because I get a great deal on propane. She also notified me that water was scarce in the community, so there were restrictions on usage to regulate it. I paid the $25 without hesitation, as she acted like the welcoming committee, was very friendly, and seemed very happy to have me as a new neighbor. Still never signed anything. Now, all of the sudden, this same lady is calling me and mailing me letters regarding the chickens. And she pulled covenants to show me where I was in violation. I still haven't signed up to join any HOA. I did pay money, but technically, I've paid to a water district, and not a homeowners association, as it was never referred to as an HOA.

What I've been told by the neighbors (who like the rooster & hens), is that the HOA just likes to find people to pick on. Someone up the street from me used to raise iditarod (sp?) dogs. The barking drove neighbors nuts, and there were constant complaints to the HOA. But the HOA couldn't do anything about it, because they have no way of enforcing these laws. Besides, the HOA picks and chooses who the laws apply to. I know of 2 other neighbors who live in the neighborhood and raise all sorts of poultry & livestock (goats, rabbits, chickens, etc.).

If the $25 per person a year is dues to the HOA, I'm sure that money goes to road maintenance, and there is nothing left over for enforcement of these laws. Just aggravating to be the one picked on. I'd seriously consider selling the house and moving if I could afford it. I don't like to argue with people, but when you live more than a half mile away on the side of a mountain, why are you complaining about the rooster, when the people who are literally right next door enjoy hearing him? He is NOT that loud. No louder than the crows cawing, or elk bugling, or any other animals in our woods.

Check your property deed and plat map to see if either mentions the property belonging to an HOA, as well as whether there are any recorded covenants. Look at any documents related to the water district.

The law does not allow selective enforcement of covenants (enforce a covenant violation against one neighbor, but not a violation of the same covenant against another). Ignoring the covenant over time, then trying to arbitrarily enforce it against someone else would likely result in the covenant being ruled as invalidated due to lack of enforcement of previous violations. Not talking about enforcing different provisions; only the same one. That others have also chickens means that this is directly applicable; assuming htat they, to are in the alleged HOA.

 

[bgelber]

They can't pick and choose who has to enforce the "rules". It's all or nothing. If there is a HOA it should have been listed in the for sale ad, I believe under deed restrictions. Go around making a list of all the "wrong doings" of your other neighbors. Keep that list handy.

 

[longlegz86]

Call me petty but I would get a copy of the entire HOA rules and regs and mark down EVERY infraction that every other neighbor is guilty of down to paint color, vehicle parking, plant species, and pets. If you have to suffer, so should everyone else.

X2

 

[Mtn Laurel]

No reason for you to be scrambling around trying to defend yourself. I'd first ask the HOA to provide evidence that you are one of their members. They should have some kind of signed application and receipt of dues if you are. If they can't produce that evidence, I don't see where you're obliged to listen to them at all.

I'd then make sure that your chickens were allowed by the county that you live in. If it's okay with your county and the HOA doesn't have any evidence that you're a member, then it looks to me like your chickens are okay. Good luck!

 

[Autumn Acres]

Good news. . .the realtor has done research. There is no record of an HOA. I did not sign anything to join, and there was no mention of the HOA when I bought the house. So we're looking deeper into it, because they DO have HOA meetings in the neighborhood, but not sure how that affects me, when I'm not technically a member? And the water district is a government body, so they can't tell me my water distrtict dues were part of an HOA. Something is fishy, and I'm getting to the bottom of it!!

 

[kreagerm]

Good luck!!!!

Hey maybe they're all smoke'in some of your neighbors stuff, now that your new maryjane law passed