Need Help on neighborhood covenent on keeping chickens!

[jessleelalynn]

I live in an area where chickens are legal but did not realize about neighborhood covenants. We have 4 hens keep them immaculate and they are on about 3/4 acre lot away from all neighbors but 2 and one of them is very nosy and rude and had the nerve to confront us about them. He said he smelled them which is a load of bull so we invited him over and he was shocked at how clean they were no smell at all. I think he smelled the horses down the road but anyways this is what our covenent said just wanted some advice on interperting it they are our pets and they surely are caged thanks!. "Without limiting the generality of the foregoing no animals birds or fowl shall be permitted to be kept or raised on any lots in the prud except dogs cats and pet birds which may be kept thereon in reasonable numbers as pets for the pleasure and use by the occupants of the lots but not for any commercial or agricultural use or purpose. Birds shall be confined in cages". Are we in violation or not thanks

 

[HorseFeatherz NV]

Sounds like you might be in violation.


You might have to think creatively - parrot cages for the birds when not free ranging with you? Contact someone who can give you a definate answer on the cages "Birds shall be confined in cages"

 

[Denninmi]

Well, you could argue that they are pets -- your covenant says "no fowl" but also says "except dogs cats and pet birds which may be kept thereon in reasonable numbers as pets for the pleasure and use by the occupants of the lots but not for any commercial or agricultural use or purpose."

It will all boil down to interpretation in terms of the wording. If you say they are "pet birds" for "the pleasure and use of the occupants" and not for commercial or agricultural purposes, they would have to prove otherwise before you HOA board or in court to force you to get rid of them. I guess you would have to decide how far you want to take it, make your stand, and see where it goes from there.

 

[Frost Homestead]

From my understanding a 'pet' usually means an animal that has been NAMED. If it has a name and is not kept for 'agricultural' purposes it is considered a pet, not livestock.

 

[FalcoOat]

Take heart, I think a lot of people across the country are dealing with this, including my family. We were thrilled to find out that our city allowed chickens only to discover that our covenant is worded in a very similar fashion. We have the benefit of ours not mentioning fowl, but it does only allow 'customary household pets, including birds.'. We are getting our hens in August, and am terrified that someone will want to take issue with it, but we have decided to fight it if it comes to that. We won't be hiring a lawyer, but are prepared to fight for this in a court.

I really feel for you, and hope things work out, and will be curious if they do. I will certainly keep you posted on any progress we make if there is any.

 

[Sonoran Silkies]

Very definitely do not sell eggs (except possibly hatching eggs, if you have a rooster), and probably don't regularly offer them to neighbors or mention that you use the eggs yourself; stay away from anything that would make them seem to be for an agricultural purpose.