How enforceable are subdivision restrictions? (small update 2/28)

[Miltonchix]

I have a couple Red Star laying hens that are VERY quiet. (and I don't have to worry about neighbors!) They also lay the largest eggs I've ever seen. AND have only missed laying 1 day in 6 months.

 

[opihiman911]

I wouldn't try and change the covanent in the begining. If you try and do that and it doesn't get changed, then all the negative people who were against you will be on alert that you want chickens and will keep an eye out for you and any chickens. You can have the old nosey hag a mile away from you coming to check your property out every week, even though it doesn't bother her.
Just build a nice small discrete coop in a back corner of your property. If you got the skill build it to look like a kids play house. Put a hedge around the fence line of your coop so they can't see into you "kids playhouse" and just don't say anything.
If that nosey hag does complain and try to enforce the covenant, then you can gear up for the fight of your life...and your chickens life.
As said before its easier to ask for forgivness than permission.

Aloha,
Cory

 

[chad76]

Quote:
I'm glad you posted that because that's exactly what I was planning to get, 2 or 3 Red Stars.

Thank you!

 

[chad76]

Quote:
That's a very good idea. My girls do have a small (store-bought) playhouse and slide that I've been meaning to move to the other side of the yard. I planned to put a border around it and fill it with wood chips. I might be able to set everything up where the current playhouse and slide block the view of the run... and make the coop look like another thing for the kids.

You also make a good point about putting all the anti-chicken people on alert. I've pretty much decided not to contact anyone. Instead, I'll work on my "defense strategy" so I'm prepared if someone gives me a problem. I think I have looked at ALL of the documents that I've signed and nothing mentions restrictions. I just got a copy of the "Act of Sale" with the property description. It refers to my property as being in a "planned residential subdivision". There is no mention of restrictions.

And just as an extra measure... my mom (through her job) knows several local real estate attorneys and is going to check with one to see if the info that 5azsisters provided applies to my state also.

Thank you all for the advice!

 

[arwmommy]

Even though we are "allowed" to have chickens in our subdivision (surprise!0, even that could be reniged if they were creating a "disturbance" being too loud or too smelly.

Before we got them, I went to the neighbors on either side of me and the two behind me to give them a heads up and gage their opinion. If anyone would hear them, it would be these neighbors. They all were totally OK with it, and one did express some concern that we were planning on putting the coop on the property line I share with him, but not because of the noise or smell, but because he has a bird crazy Jack Russell Terrier. I agreed that that would be a problem, to constantly having that dog be tempted and barking at the chickens just on the other side of the fence, so we put the coop instead on the other side of our property.

We have had no issues at all, and I attribute that to a wickedly cute coop, being really good about keeping their coop dry (and so smell-free) and giving out eggs when I can! Most people think chickens mean trashy coop/smell and that is what makes them freak out. If you do it differently, you can show them what chickens really can be!

Good luck!

 

[chad76]

Quote:
Do you have any pictures of that coop? It certainly would help if my coop is so cool, it makes the neighbors jealous.

I also have 2 of the most precious girls in the world (I'm a little biased) and wouldn't hesitate to make the mean ole grumpy neighbor feel guilty about trying to take away their pet chickens. LOL Every little piece of ammo helps!

Thank you!

 

[chad76]

UPDATE:

My mother really is a great source of info. She actually works for the sheriff's office (civil division) and works really close to the clerk's office, assessor's office, etc. She was trying to think of an atty to ask about my situation (whether or not I'm bound to restrictive covenants if they weren't disclosed when I bought my house). She stepped out of her office and ran right into the deputy that handles of the calls from people claiming someone violated restrictive covenants. What are the odds of that!? I didn't even realize they had a dedicated deputy for that.

His advice: Get the chickens. IF someone complains, he'd be the one to inform me. HOWEVER, the complainant would have to go to court to get an order for me to remove them and that may be more trouble for them than it's worth. PLUS... he also said if I wanted to fight it in court (based on non-disclosure) that the attorneys he deals with would LOVE to argue that case. If it came to that, I couldn't afford it... but it's somewhat reassuring.

And it doesn't hurt that my mom knows/works with the deputy in charge of all of this. Not that I would expect ANY special treatment... but I'm pretty sure he'd help me any way that he could (advice and whatnot).

Now I'm off to look for some really cool coop designs to blend in...

 

[Josie]

Yeah, thats great news!
Now the really hard part.....picking the type of chickens!

 

[JaciesCoop]

That's good news! Now the fun time starts!!


Jacie

 

[crazylilchick]

I live in a rural area but it is still a "subdivision" we all have 2 to 10 acre lots and its pretty private. However we have a association and covenants and we can have 1 horse per acre but nothing else. No chickens no goats etc. There are 3 trustees and my husband is one of them. To get a variance to the restrictions you have the get 2 of the 3 to say ok. Well I'm sleeping with one of the trustees so you know I had his vote but the other 2 said no. Soooo I was going to pursue getting the covenants changed and started to work on that and talked to a few neighbors but it became a big pain. There had to be a petition and then a meeting and then a vote, blah, blah, blah. So I asked one of the trustees...all right, whats the worst you can do to me if I get the chickens anyway. He said he thought they could put a lean on the house but it would cost them a few thousand dollars to do that and they have bigger fish to fry than little ol' me. Soooooo...........I have 11 beautiful hens. I have had them for a year now with no problems. However I don't think the witch of the neighborhood know they are there. But I too am prepared. If they come after me I'm taking them all down with me. They guy with the fence, the one with the boat, the one with the new garage, the trustee with the old car in his driveway. HA HA HA (my evil laugh)un Congrats on getting your hens. We have really enjoyed ours.