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I beat the HOA

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by nelbass, Aug 25, 2011.

  1. nelbass

    nelbass New Egg

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    Aug 24, 2011
    I posted on one of the general formats earlier. I'm new and have never posted. I live in a progressive parish (county) that allows 3 hens. unfortunately my HOA allows zero. They took me to court, I decided to fight it, and I won!!!! They didn't show up, my neighbors showed up and testified for me, we live on a lake full of geese and ducks, but I had also had a cage of doves that they had never complained about which I had for more than 2 years. I'm waiting to read the final ruling. I'm not sure if it was because I was past the 2 year limit and therefore grandfathered in or because of the rest of the poultry.

    I'm sure if the HOA had bothered to even show up the judge might have listened to them, but they had no proof since there was no one to testify.

    I took a gamble (because they could have charged me for their cost). I am fortunate to be able to do that since i realize some people can't.

    All I can say is it was great!!!! I fought the law and I WON!!!!! In the HOA face! (In addition, my husband actually at one time been a board member. He was my biggest support)
     
  2. trailchick

    trailchick Chillin' With My Peeps

    Congratulations on your BIG win.... People just want to get into everybody elses business. Hurray for the birds!
    [​IMG] [​IMG] [​IMG]
     
  3. OnBorrowedWings

    OnBorrowedWings Out Of The Brooder

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    [​IMG]
    Glad your gamble paid off!!
     
  4. rlmcconnell37

    rlmcconnell37 Out Of The Brooder

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    Willow Spring
    Congratulations!!!!!!!! [​IMG]
     
  5. wren

    wren Chillin' With My Peeps

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    St Augustine, FL
    OMG this is so great![​IMG]
     
  6. ADozenGirlz

    ADozenGirlz The Chicken Chick[IMG]emojione/assets/png/00ae.png

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    Hooray for you!!! [​IMG] That's a serious accomplishment! Next time you take a walk around the block or attend an HOA meeting, wear one of these tee shirts: [​IMG]

    [​IMG]
    [​IMG]
     
  7. lindseythefork

    lindseythefork Chillin' With My Peeps

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    They were fighting you over three hens? Good grief.
     
  8. Lazy J Farms Feed & Hay

    Lazy J Farms Feed & Hay Chillin' With My Peeps

    did the judge rule that the entire HOA bylaws are null and void or just the portion dealing with chickens?
     
  9. Hawkeye95

    Hawkeye95 Chillin' With My Peeps

    It's not necessarily a win yet... We have made amendments to our HOA, and we had to hire a lawyer, have him write up the amendments, get the 80% approval (in writing) from the home owners living there, and then once it was passed, they were filed at the court house. Sounds easy... but it's not. It took months to get this accomplished. If the judge rules in your favor or no contest, it doesn't mean that the HOA has been amended... which means they can come after you again until it has been fixed.
     
  10. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Tempe, Arizona
    That depends on the judge's ruling. If he ruled that the provision was unenforceable, then it is null and void and that provision cannot be used against anyone ever again. Just like when racial discrimination laws were ruled illegal, they were voided and unenforceable, even if they still on the books. With a strike of his pen, a judge can void a portion of the CC&Rs; for the homeowners to do it is much more difficult. Not to say that going to court is easy. It is time consuming and expensive.

    If he dismissed the case without predjudice, then the HOA can refile; if he dismissed it with predjudice, then they cannot refile this particular case, but the provision has not been ruled unenforceable and remains in effect.

    Most CC&Rs and other legal contracts and documents contain a severability clause that states that if a provision is ruled unenforceable, that that particular provision is severed from the document, but the rest of the document remains in effect.

    If I were to make a bet, the judge either ruled the provision unenforceable or dismissed the case with predjudice. Why? Becuase the suing party did not show up. Not just that they had a poorly prepared case and there was a question of whether they needed additional evidence or witnesses or somesuch, but they were rude enough to not even make an appearance and ask for more time. Anyways, that is my guess.
     

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