Home Owners Assoc Takign Away My Chickens

Personally, I would never live in a place subject to HOA's. I simply cannot allow someone else to make (more) decisions for me and my family.

That being said, some don't realize what HOA's truly mean until they are locked in. Sadly, many cannot move away from these due to the expense of moving, the fact that the housing market is poor for sellers, etc.

Something I would do to add to the future meeting, is research statistics. As mentioned in the awesome letter posted by the New Hampshire resident (sorry, forgot your name after reading further posts), there is nothing wrong with a backyard pet providing food for you. Even stating that they provide food isn't a bad thing - and point that out. I would suggest contacting any attorneys you might happen to know through your network of friends, family, coworkers - and come up with the best absolute response to the concerns and CC&R bylaws or rules or whatever they are.

If you can afford it, also offer to pay whatever administrative costs that you mentioned may cost up to $1,000.

Also, you may contact the local media if it gets to that point. Start asking around...

Contact local college or university extension office and find out if they can offer any assistance. You might find that a local Farm Bureau or something may be able to assist you or at least give you some guidance. I realize you may go with the angle of "they are pets not livestock" but nonetheless, they may have some good info for you.

Also, contact your children's 4-H program, their school Ag program, anything. If I've learned anything in my life, it's all about the connections we have. Use your resources. In return offer something that you can share or provide.

Another idea would be to show the simple cost savings that you are having by NOT having to buy eggs in the store if you are getting eggs from your chickens. Ask the HOA if they are willing to cut your HOA fees by that amount each year/month/whatever if they take away your birds. Are gardens prohibited too?

I'd say livestock terminology comes into play more with "for profit" like a business than personal use. I dunno tho. I'm very farm-oriented myself - my husband and I sought out property and purchased in June 2009 with the express intent of raising our own animals for food. So I'm not terribly familiar with neighborhood or HOA or city politics :)

You might even suggest wording of a code/rule/bylaw revision - as someone mentioned already, reference limitations on the number you can have - or the size of the bird (are chickens ok, but not turkeys?) or is it the noise that's the concern?

You might also question the board and ask them to find out WHAT the real problem is. Is it noise? Is it "smell" that may or may not exist? Is it appearance? Find out as much as you can about the complaint(s) and reasoning behind it/them. Then you have enough info to rebut those statements and offer solutions. Keep the "solution" angle and not just offense or defense - but compromise... :)

Good luck, I hope you can keep your birds and educate some people at the same time.
 
Just realize that CC&Rs are a legally binding contract, and are usually (and intentionally) very difficult to change. So having an understanding of the "reason" behind a covenant doesn't really make much difference. Typically the board has no direct power to enact a change. If it is a rule, and not a covenant, they likely do have the power, so understanding the concerns may make a difference.
 
Dear Shelley,
My heart breaks for you! I had to get rid of a hen that turned out to be a rooster and it was devastating. You have children involved so I cannot imagine how much more horrific the situation is. Best of luck and I hope you are able to work something out.
Doug
 
to bad your not in Wv. They just passed a law that if you buy a house in a HOA you do NOT have to join the HOA.
I bet someone is going to get very poed when someone buys the house next door and in comes the roos,cows and such. At least more people will baable to keep or have their chickens here. Best of luck to you. Sorry you have to go through that.
 
Quote:
Totally understood :) Just making suggestions as to what I would do, because the more you know, the more you have to fight with. You may still lose, but at least you gave it your all...it would be awful to be done with it, lose, and think "I should have tried this" or "why didn't I ask about this?"

Ultimately, you are still dealing with people, albeit people who wrote, or are stuck enforcing, rules that may or may not make sense. You might be able to appeal to their human side. Never forget...freedom fighters are still needed :)
 
You will need to make a judgement about what is important to the board and the neighbors, but I'd be inclined to lean on the pet and/or 4H line as much as possible. The line from a long ago post is "just call them Chinese Ground Parrots" which is not only funny, but potentially useful. Are parrots or other pet birds allowed in your HOA? Parrots are noisy. Silkies are pet birds of the Gallus family.

If you can get them admitted as a pet bird, then you won't even have to get any rule change of any kind.

If the HOA explicitly forbids 'chickens', then you'll probably have to argue your case more head on. There, you will have to go through with a bylaw change, and at that point you can talk about the beneficial aspects of chickens, educational value to the kids, promise no roosters, etc.
 

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