Home Owners Assoc Takign Away My Chickens

[Chick_In_The_Burbs]

My mom lived in a HOA for a while. She ended up going nuts and moving because they WEREN'T enforcing the rules. Hers was one of the nicer ones with general rules; don't let your grass grow too high, don't leave a non-operable car parked/on blocks in your driveway, etc. They couldn't even get neighbors to cut the grass. It got to be knee high. Anycase, I guess what I'm saying is that HOAs can be good but they have to utilize common sense.

My recommendation? From what my Mom experienced, politics are huge. If I were you I would talk to every neighbor you know and try and get them on board before the next meeting. Even bring them over to see the coop and demonstraight how it's not a detrament to the property values. Talk about how it's the new thing to do and all the advantages, how much the kids love it, etc. Most people get into HOAs because they're trying to avoid certain things like excess noise and slovenly neighbors. It would be a big step, I think, just to prove it doesn't damage their property value; you could even pitch it as improving the value. After all, who's ever heard of the trendy, understanding HOA? Just a thought...

 

[Sonoran Silkies]

Quote:
Gee, that's another reason why I plan on avoiding HOAs if, at all, possible. I sometimes work out of my own home as an artist and writer and have to get a business tax certificate and register my "business" even though I sell and work mostly through the internet, on the phone, or through the mail. I would hate to have to add the added expense of having a office or studio away from my home.

In most cases if it is not obvious that a business is being run from the home (signs, added traffic, etc.) there shoud be no problem; If it IS obvious, then most residential zoning code will be equally at odds with the business.

 

[Sonoran Silkies]

Quote:
Mine

 

[SAM1646]

Just received a response from the management company of the HOA. I have at the next meeting to state my case. I have gotten about 15 neighbors to sign the petition that it does nto bother them. I hope that this works. I found out that there were two conplaints but they can disclose who they are to protect them, which is understandable.

Any other suggestions what to bring to the meeting would help.

I was told by the management company that it takes about $1000.00 to change the by laws since it is a legal documnet. I hope that this does not discourage the board from ruling not in my favor!!!

They stated that they dont even have a scheduled meeting for our neighbor hood and that I can keep them with out any fines till the next meeting which who knows when that will be!!!

Keep your fingers crossed!!!

 

[desertdarlene]

Well, at least you can keep them for now, that's good. Good luck!

 

[Sonoran Silkies]

Quote:
Okay, so it is a bylaw, not a CC&R Restriction? That makes changes more simple. There should be no actual cost for making changes, per se, but there would be administrative costs. All members must be notified and provided a copy of the proposed change. My state requires either mailing or hand delivery. If there are 10 homes, hand delivery would be easy and have no cost; if there are 500 homes, hand delivery is pretty impractical; a first class letter costs I think 42 cents. There are copying costs for the proposed language change, copies generally cost 8 to 10 cents per page (1 sided printing). Depending on who approves changes to the bylaws, ballots may also have to be sent to the homeowners. If a vote approves a change, the amended document will probably have to be recorded (here that costs about $25, but varies depending on the length of the document), and copies of hte recorded document provided to all homeowners. Depending on your association and the complexity of your document, the board may want or need to have an attorney review the changed language, which can add attorney fees, unless you can get a member of the association who is an attorney to volunteer a legal review.

Assuming that this change is one that the members must vote on, it is generally more cost effective to enact, or at least vote on, a number of amendments or other HOA matters all at one time. Depending on the length of time until your next annual meeting and elections, you might ask them to place a change on the ballot then, and formally suspend enforce the current rule until that vote is held. Now if the board has the authority to makes the change, no need to wait as it shouldn't affect costs.

 

[ChickensAreSweet]

Quote:
It is not an arbitrary or self-entitled rule. It is either a rule made in accordance with rights granted by a legal contract with the homeowners, or a part of that contract itself. If you do not agree with the terms of the contract, you should not have purchased there to begin with.

All that said, OP, is it a rule or a part of the CC&Rs? Can you quote the pertinent language?

DANG SONORAN--you amaze me everyday

Does your head hurt from knowing so much info on so many things??? Envious is all!!!

Im sorry OP I hope all works out with you it just seems incredibly unfair:-(

+1

 

[Sonoran Silkies]

Quote:
DANG SONORAN--you amaze me everyday

Does your head hurt from knowing so much info on so many things??? Envious is all!!!

Im sorry OP I hope all works out with you it just seems incredibly unfair:-(

+1

Thank you, but if you do something long enough, you learn the ins and outs pretty thoroughly. And one of the BEST ways to learn is from mistakes that you have to correct (even when you weren't the one who made the error).

 

[SAM1646]

I was told by the management company that the board memebers have the right to decide, but if a change is made to the by laws then the cost would be about $1000.00 for the paper work.

The last board meeting was in august from what I was told and they stated that they dont know when the next board meeting will be.

We'll have to wait and see!!!

 

[michickenwrangler]

Keep us updated!

Maybe even get the local media on your side