I beat the HOA

nelbass

Hatching
8 Years
Aug 24, 2011
9
0
7
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)
 

trailchick

Songster
Jun 19, 2011
574
11
166
Santa Fe Trail - SE Colorado
Congratulations on your BIG win.... People just want to get into everybody elses business. Hurray for the birds!
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ADozenGirlz

The Chicken Chick[IMG]emojione/assets/png/00ae.png
10 Years
Oct 18, 2009
6,121
89
301
Connecticut
Hooray for you!!!
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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:
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Hawkeye95

Songster
8 Years
Jun 18, 2011
4,427
56
246
Oklahoma City area
My Coop
My Coop
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.
 

Sonoran Silkies

Flock Mistress
11 Years
Jan 4, 2009
20,149
442
421
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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