Input on HOA Language

[MKDuo]

Hey all,

I do not want to draw attention to myself from the HOA, so I would like your input. Based on how I read the following, I feel that my HOA allows chickens. The pertinent part of the CC&Rs state:

“Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance…..”

Based on this language, I think that I can have hens (following any city requirements) and the HOA would have to come after me for Nuisance (loosely defined in the CC&Rs as sight, smell, etc.). I have to seek their approval for any structure that will be 60" or higher, so my coop will be coming in at a solid 59" tall.

Thoughts?

Mark

 

[NatJ]

I think you're right, that animals are not forbidden unless those animals are a "nuisance."

But I think they could say that if there is a nuisance, then the animals themselves are no longer allowed (they may jump straight to "get rid of animals," without giving you a chance to fix the situation.)

 

[MKDuo]

Very true, I know of a few homes in the HOA with chickens. The dogs that live around me all bark, so nuisance may be more difficult to define/take action on.

Most language I see does not include the "...unless the presence of such creatures does not constitute a nuisance….." which leaves me encouraged that they were thinking about things like chickens when they wrote this. The remainder of that particular paragraph goes on to say that this sentence does not apply to domesticated dogs and cats.

 

[Kgbao]

Very true, I know of a few homes in the HOA with chickens. The dogs that live around me all bark, so nuisance may be more difficult to define/take action on.

Most language I see does not include the "...unless the presence of such creatures does not constitute a nuisance….." which leaves me encouraged that they were thinking about things like chickens when they wrote this. The remainder of that particular paragraph goes on to say that this sentence does not apply to domesticated dogs and cats.

Just remember give the neighbors closest to you eggs and bribe them to stay quiet lol.