Okay having too many years experience with defending and representing HOA's...let me ask you these questions...
In your Declaration of Covenants and Restrictions, what exactly does is say "backyard animals", "pets" or what is the exact language?
Does the Dec states that farm animals or livestock are not allowed?
As far as an argument as to a pet...
the term pet typically means a
companion animal A monkey can be companion animal as can a mule.
By shear definition, according to the Webster Mirriam dictionary a pet is defined as
a domesticated animal kept for pleasure rather than utility
We all know what a backyard is so we move to the definition of "animal"
1: any of a kingdom (Animalia) of living things including many-celled organisms and often many of the single-celled ones (as protozoans) that typically differ from plants in having cells without cellulose walls, in lacking chlorophyll and the capacity for photosynthesis, in requiring more complex food materials (as proteins), in being organized to a greater degree of complexity, and in having the capacity for spontaneous movement and rapid motor responses to stimulation
That defines a chicken without a doubt.
I used to write those declarations all 100's of pages of them for master associations and sub or neighbor associations under them. It will boil down to the exact language in the declaration. If the language cannot prohibit the chickens be warned...the HOA members can...if a change to the Dec is proposed, a meeting called, votes taken, your neighbors and those in the community could outlaw your hens with a pen stroke. So handling the matter with kid gloves is of utmost importance.
In the meantime, can the three ladies reside in the garage for the time being with some supervised outdoor time? Make sure your coop is spotless inside and out, no smell whatsoever because an inspection will follow at some point during all of this.
Let me think on it after some sleep and I am sure I can come up with more fire power for you...just let me know exactly what that dec says regading pets, animals, outbuildings, undesirable odors from your property, noise and unsightly structures. at least if i know what they say exactly on those issues I can help you block those roads before they get there.
for Future reference ... NEVER BUY ANYTHING IF AN HOA IS INVOLVED.
FrChuckW stated: Regardless of what the HOA says, they cannot enforce certain regulations that conflict with government ordinances already in place.
For example, they cannot say that HO's are allowed to let there dogs or cats run free and be unlicensed, with no vaccinations if the local government has already put in place ordinances regarding those issues.
That is not necessarily correct. It depends on the community, the state and also whether the community is governed by a master association and is behind a fenced or walled perimeter. Within an enclosed perimeter...the Decs are law with regard to MOST rules they set up.
For example...the law allows parallel parking on the right side of roadways in front of homes and businesses...an HOA can prohibit parking cars on the street period. You park there, they have you towed and you pay to get your car back...they can also lien your home for violations, correcting the violations and the cost thereof and foreclose on your home. I have filed those suits for cases that had $32 in quartlery HOA dues not paid. They can be a PITA
P.S. and afterthought...gather the info for your city and county and state laws regarding chickens...know what you are up against across the board
