Home Owners Assoc Takign Away My Chickens

[fratmor]

If you start selling eggs the HOA will fine you for running a business out of your home .I know my HOA would. also see if they can grand father the chickens you have now.my dad lived in a HOA that didn't allow you to replace your dogs when they died maybe you can suggest that for your chickens.

 

[mboreham1]

what is the main issue? the noise or just the fact that someone wants to hold you to some arbitrary rules? If it is the noise, complain like a nut case about anything that causes noise. If it is just the rules, submit a rule change. If all else fails, raise your middle finger to their self entitled rule b/s and move!

 

[Sonoran Silkies]

Quote:
I'm no expert, but have followed some of the threads here about the MRTFA and it's written to protect commercial operations. As a hobbyist you'd be hard pressed to convince your HOA that you fall under the protection of the MRTFA, although there are some that have argued the point, and won in favor of "backyard" production.

From the statute:

“Farm” means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.

“Farm operation” means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products...

Agreed, MRtFA requires a commercial nature; even if it did not, it would not affect a private contract, which is what the CC&Rs of a homeowners association are.

 

[Sonoran Silkies]

Quote:
CC&Rs and rules can be mroe restrictive, but not less than local, county, state or federal law. For example, if the cit requires building setbacks of 40', the HOA cannot say 20'. Hoever, it could say 50' Another, more pertinent example, if the city alows 5 dogs, the HOA could say that only 2 are allowed.

The CC&Rs are a legally binding contract between each homeowner and the association. Changing rules may be an easy process, often simply a board vote; sometimes an association vote. Changing the CC&Rs themselves is almost always very difficult. In some cases CC&Rs do not cotain a method of amendment, but remain in effect for a long period of time, followed by a short interval where changes can be made, then run again for another long period. Others contain have a means of change, but the process usually requires a large percent of the homeowners approval--much like amendments to the constitution, possible, but not easy. If the rules say "no livestock" the process for change is simply convincing enough of the board or community members: usually a majoriy of a quorum, which is likely to be half the board or a percentage of the community--possiblt as low as 25% However I suspect the restriction is a part of the CC&R. In that case the board does not have the authority to make changes. It htere is a process for amendment, you will have to follow that process, whihc will probably require a petition signed by a percent of the association members, then a vote by all association members. You would typically need 2/3rds to 3/4ths of hte association members to approve the change you want for it to be incorporated. If no process for change is included in the document, you would have to get 100% approval for any changes to be incorporated.

 

[Sonoran Silkies]

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?

 

[sonew123]

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:-(

 

[wpalmisano]

What is the pont of owning your own home if a bunch of nosy busybodies are running around with a checklist ? Everyone has to live with some local zoning laws, but really ? A few chickens? I would never buy a home where there is a HOA.

 

[Sonoran Silkies]

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:-(

I just learn a little at a time, and for the most part I have a fairly good memory (unless it comes to finding my car keys or the cell phone when its battery is dead, or the list of groceries needed or any of the little day-to-day stuff

) I know alot about HOAs because I have been on our board for 5 years and president for going on three. Also, I was part of a committee that rewrote our CC&Rs about 10 years ago. I'm the one who constantly checks out state law to make sure we are operating properly, and I'm the one who calls and talks to our atorney when there is a need (about 2 or 3 times per year).

 

[Sonoran Silkies]

Quote:
There is a point to HOAs, but htey are certainly not for everyone. BTW, there are many, many that are not overly restrictive, and do not make a habit of sticking their noses into people's lives. You don;t hear about them becuase they are not newsworthy.

I would say, depending on the language in the doucments that the silkies for 4H & as pets may be something that can be worked out by identifying them as pets. Silkes are an ornamental breed; in the US they are not used for either egg or meat production except in very limited quantities/circumstances (there is an Asian market for silkie meat). The leghorns for eggs are another matter. Not because they are leghorns, but because their purpose is for egg production: livestock. If the OP had not already sent a note to the board stating that, I would have advised her to not state that as a reason.

 

[desertdarlene]

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.