HOA vs. local ordinances

[calista]

Here's an interesting discussion that may give you some ideas:

http://www.phoenixpermaculture.org/forum/topics/any-real-estate-agents-out

I think your best bet would be to find an HOA in your local area that HAS allowed backyard poultry and meet with the board president to gather "ammunition" for making your case to your own HOA. Good luck!

(I, too, have to agree that I would never buy a house in an HOA neighborhood. Life's got enough problems without people telling me what I can and can't do on my own land and in my own house.)

 

[Sonoran Silkies]

You need to read your HOA documents and see exactly what they say; you also need to determine whether it is the CC&Rs, the bylaws, board passed rules or whatever that disallow chickens. You need to determine who has the power to change the document and the process required.

CC&Rs are a legally binding contract between the association and each member. When you purchased the property, you may well have had to sign a statement acknowledging that (a requirement that is becoming more and more common). State laws differ on protections for homeowners, but in some states, yes, the association can foreclose on a home based upon fines that have acrued from breaking the rules. In Arizona that is not the case--homes can be foreclosed upon ONLY based upon long term non payment of the assessment. The assessment also has to go above a certain $ amount.

Most of the HOA horror stories that make the news are very unusual cases. The VAST majority of HOAs have satisfied members. Before purchasing a home in an HOA, you need to determine whether its personality is a fit for you and your family, or not.

 

[deonnek]

I found out that the "no poultry" language would require a vote by the entire neighborhood, with a 75% turnout rate and passing vote. Then a rewrite by the attorneys. So it'll NEVER happen, as no one here ever turns in a ballot for the HOA.

When we moved here we never considered chickens. Just a nice, quiet neighborhood on the edge of farmland, walking distance to the grocery store, with lots of parks and trails. You really can't live in a neighborhood here and not be in an HOA. So while the city is all "yay we are so progressive and allow backyard chickens" the HOAs trump and mess it up for everyone.

A friend of mine has a friend who got her chickens in by getting exotic breeds, and therefore calling them "exotic birds" and not poultry

. Now I must admit, I am awfully curious about this approach.

Has anyone ever heard of this?

I just want a couple of hens in a chicken tractor, I mean, exotic bird habitat, for my family!
Don't want to give up just yet.

 

[Sonoran Silkies]

All HOAs are diffferent. I'm beginning my 6th year on the board of mine. Of seven board members, four of us have or have had chickens. Of the two incoming board members, one has chickens, the other has manned concession booths at a couple of poultry shows in our park.

People WILL turn out when there is n issue that they are possionate about. Nine years ago, a committee rewrite the CC&Rs by hiring an attorney who wrote in typical boilerplate large-scale "we're going to control everything" language. 95% turnout at a meeting to vote on the proposed rewrite. Overwhelmingly rejected. A new committee formed who listened to what the neighborhood actually wanted, then rewrote them over the course of the next 15 months. Approved by 98% of all lots.

If you can find a way to make your neighbors passionate about protecting their right to make decisions about their own property, you can get the vote you need. It is often more in HOW you say something as in WHAT you say.

 

[lucystbernard]

I am working on changing the CCRs in our HOA. I first talked to a friend that is a board member. To change the CCRs, the HOA members have to vote and we would need an 80% approval of property owners. Sterling-Davis Act requirement for changing CCRs. But, in order to have a vote, I had to show that it was just more than me was interested in chickens. A neighbor and I gathered signatures from about 20% of the HOA members that are interested in allowing BYC (I think our HOA total is around 120) and presented that to the board at the last meeting. So, it's a go to at least put changing the CCRs to a vote. I have several months to launch a campaign to make sure people vote positively and in the numbers required. We just want to amend the CCRs to align with the recent changes in the Town Ordinances that allow BYC.
We shall see!

 

[kstaven]

One other thing to check:

In some cases the HOA agreement is made in concert with the original district developer and has a predetermined term for existance. Or in a case such as this if the developer goes bankrupt or no longer exists the HOA regs may no longer enforceable.

 

[ChooksinChoppers]

Quote:
Ooooh Interesting! I never signed anything when i moved here..and cannot find a copy (online) or anywhere of our (deed restricted) areas HOA regs......IF one exists. I keep hitting brick walls. btw what are CCR's?

 

[mrsbos]

CC&Rs are "Covenants, Codes, and Restrictions"

 

[Sonoran Silkies]

Quote:
One good point to put forward is that if you are more restrictive than the city, and there comes a time when the HOA sues to enforce the CC&Rs, the entire HOA bears the cost of the suit; however, if they match city code, then you can get the city to enforce violations--and the HOA is not out the $$$$. In a lot of folks mind, the $$$$ will make a compelling case.

 

[ewitte]

Quote:
Looking for land and it is city legal. I wonder if I can request a HOA "varience" under the terms of buying the land. Which means I never agreed to the part about no chickens. IE 4 chickens no roosters, not visable to the public, etc. I'm seeing a LOT of lots trying to sell for a very long time. Some may be willing to negotiate. I would think possibly easier to negotiate before signing a contract. Especially the 1+ acre ones that allow horses but not "poultry"!