I've been expecting it.

[chickenshagg]

When I came home from work this evening I found a letter in the mail from my subdivision trustees informing me that I was in violation of the subdivision by-laws by having chickens and having a chicken coop and that I needed to take corrective action to come into compliance. I knew this was coming but it still upsets me. I have been going to the semi-annual subdivision meeting for nine years now and for nine years I have heard people complain about one thing or another, most of it just trivial. I have also heard the trustees say that all they can do is send a letter to inform the home owner that they are in violation. The trustees have also asked how much money we as a sub-division want to spend to hire an attorney to inforce these rules.

The last meeting was back in October and during that meeting the board president asked if anyone had any complaints or issues. After no one said anything he said that he had received a phone calls about a rooster and asked if anyone knew anything about a rooster. Four of my neighbors were sitting there with me including one who is a trustee and no one said a word! The president asked this question several times and nobody even looked around. Everyone just looked forward. He finally dropped it and moved on to other buisness. Also during the meeting, while talking about violations, the secretary made the comment that if they allow one person to violate a rule then that puts all of the rules in jepardy. Well all the rules are in jepardy because there are so many people that are violating different rules it is crazy! One rule that is often complained about is the non allowance of any sheds, detached structures or garages. I have two acres so it is not as though my neighbors and I have small city lots and we also live in an unincorpoerated portion of our county. Even the board president is violating the bi-laws because he has a shed in his backyard. I have another neighbor who just spent over a thousand dollars on a shed he built in his back yard and there is a house on the next street over that has a detached garage all of which violate the bi-laws. I have another neighbor that runs his cunsruction buisness out of his home and another who works on cars in his garage as a side job, all which violate the rules. I am not bothered by any of that I only point it out as rules not being inforced.

I know it only takes one bad apple to ruin the whole bushel and that seems as to waht is happeniong here. I have heard no complaints from anyone, as a matter of fact I have neighbors that com and tell me how much they like my chickens. I even have them telling me how they like to here my rooster. With the busy pace of life I have been told that hearing my rooster helps them relax and reflect on a simpler time. My neighbor across the street said that her husband will stand on the front porch to listen for the rooster and that she loves to see my chickens in the front yard. There is another lady up the street that babysits a bunch of kids. Just a couple of weeks ago I was home from work during the day when I heard some voices outside. I looked out my window and saw the lady with at least nine or ten kids feeding the chickens pieces of bread. They even pulled up a bucket to stand on and look through the window of the coop. I have told this lady before that it was ok. I could here the kids laughing and screaming. It made me feel good to see the kids enjoying my chickens and then when the rooster crows they really go crazy!

I know I am rambling on but I needed to vent a bit and I know that my fellow BYCers will listen and appreciate!

Thanks.
Chickenshagg

 

[Whispering Winds]

How in the world they can make YOU get rid of your chickens is beyond me, start making a list and checking it twice. Be prepared and take pictures and make a journal. Fore warned is fore armed!!! Good Luck!!!

another thing, two acres is a BIG area. . .why in the world would people care you have some chickens and a rooster that crows . . .its not like you are in a 60 x 125 lot . . .people just have simply too much time on their hands. Makes me mad.

I have said this before and I will say it again, if the towns don't start letting people become more self sufficient, when the bottom drops out of this country, and its coming, we are all going to suffer!!!!

 

[vstoltzfus]

Will it help your situation if you get these chicken-loving neighbors to talk to the board on your behalf? Can you speak at one of the board meetings and point out the numerous violations in the by-laws that are going unenforced?

 

[Sonoran Silkies]

First of all, while the exact verbage in your CC&Rs and Bylaws will make a difference, usually if one provision is found to be unenforceable, that does not affect other provisions. If they fail to enforce a provision afer a period of time when there are known violations, but no attempts to correct the matter (letter of notification, fines, etc.), that provision may well be ruled unenforceable. Likewise, selective enforcement--fining one person, but not another for the same violation--could invalidate that provision.

One thing you may want to do is to read through your documents and note the things that seem outdated or to not match the neighborhood as it IS (all the outbuildings you mentioned, for example). Find the process (if there is one) to amend or replace the documents, and see if that makes sense. Rally your neighbors to update the documents to fit the community that y'all WANT, not what was envisioned however many years ago.

Run for the board and become involved.

As for the birds--are you SURE that they are in violation? Perhaps you could house them in your garage or in a tractor (which is usually NOT considered an outbuilding)? Write up a petition to keep your chickens, and get as many of your closest neighbors to sign it as possible, but definitely try to get signatures from the entire neighborhood--if a large percentage support you, the board is likely to listen.

 

[onecent]

wow, what a shame! i think you might can beat this, seems like all of them are not in "compliance" be a real shame if all of them had to take down all those sheds & garages, and go rent "office & building" spaces to work from, you know times are real tight!.........

its like the other person said, get all the people who like your chickens, and see if you have more people who enjoy them see if they will sign a petition, or at least speak up for you! i wish you all the luck in the world! and ill keep you in my prayers!

 

[showme31]

That's terrible. I left St Charles county 6 years ago because of similar issues with the county. No subdivision by laws, just silly county politics. Seems when you beat 1 group another appears. Good luck!

Hopefully you can find a way to keep your birds
Smiles'
Jul

 

[PineappleMama]

Me? I'd get feisty...

I'd write up a note and tell them that as soon as MY observed violations are corrected that I'll correct my ONE violation. Only fair to make violators correct their violations in the order they were committed yes?

Include a list with every single one you can find, with names and addresses, and an approximate date the violation was first noticed and ignored by the Trustees.
(Sounds like your neighbors might be willing to help with this research, OR even send their own list of 'complaints' minus your chickies hehe)

Then send a copy to every member... and maybe the local paper.

But that's me... I get cranky with hypocrites.

 

[Slinkytoys]

You've answered your own problem. Where does the money come from to enforce the by-laws? IF they realize you will fight this, they would have to put some money out for attorney fees and expenses. When you document all the unenforced rules, they might just understand how much this will all cost. I've found hitting them where it hurts (their pockets) usually stills any discontent.
Slinky