Neighbor threatening court over our roo

Discussion in 'Local Chicken Laws & Ordinances' started by KDrake, Sep 3, 2018.

  1. KDrake

    KDrake Chirping

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    we have a neighbor who is building his retirement home next to ours (he doesn't live here yet, he's here for a couple days maybe every 3-6 months.)
    He called this morning and wanted to speak to us.
    He told us our rooster is a problem and he needs to go. Threatened us with court and asked if we had a lawyer.
    Here's the thing - there are covenants where we live and they do say no poultry (the covenants were in effect in 1979.) There is no HOA, it has been inactive for several months. We have 2 other neighbors who have chickens - one of them has a rooster. There are also several other rules in the covenants that are broken by multiple people.
    I got defensive because I think it's ridiculous. I understand not everyone is chicken people, but there are dogs barking all hours of the night and he wants to complain about our rooster?! UGH.
    We plan to speak to a lawyer to get some advice, but has anyone else been in this situation?
     
  2. SueT

    SueT Free Ranging

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    Sorry to hear that a unpleasant neighbor is moving in. You don't have much recourse unless you can get the law changed. I suggest you organize the chicken people in your community and see what you can do. You may not have considered yourself the political activist type, but what better cause is there than chickens?
    I recently watched this long and rather rambling documentary about chicken people in Madison WI who got their law changed (among other things.)

    Good luck,
    Sue
     
    Last edited: Sep 3, 2018
  3. Saaniya

    Saaniya Crowing

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    I hate ppl who hate roosters
    What does the court do
    This is the legitimate right for a rooster to wake up the world

    Then why do people have dogs who bark for no reason

    I would suggest u to have a no crow collar may be helpful
     
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  4. jolenesdad

    jolenesdad Songster

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    If there is truly no HOA you may be okay. You need a lawyers opinion for your state, though, to truly know what happens when that HOA is not active and if that also means the covenants are gone yet or if 1 neighbor can single handedly resurrect the HOA. One rule (or five) being broken does not mean another rule CAN be broken, it just also means that rule is being broken. The law is so annoyingly on the side of HOAs in most states, I’d say there’s a 50/50 shot still that you could have some sort trouble, even if the HOA is inactive and you ultimately could come out on top.

    Also, I’m very sorry that you have someone who isn’t even living next to you yet that wants to jump to litigious threats. I’ll think peaceful thoughts for them hoping they aren’t awful neighbors.
     
  5. sylviethecochin

    sylviethecochin Free Ranging

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    And please, report back. There isn't anywhere near enough accurate information on BYC about chicken laws. It's mostly, "I've heard this."
     
  6. KDrake

    KDrake Chirping

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    Just thinking here...
    These covenants are not county rules, just rules that an HOA creates for our subdivision.
    No HOA, no covenants? I know we need to speak to a lawyer, just a thought.
    I feel totally ridiculous for sitting here crying over the thought of possibly having to get rid of our roosters. We actually have 2, but one must be quiet enough for him to not hear ;)
     
  7. alexa009

    alexa009 Free Ranging

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    I can't say I've ever experienced this problem owning chickens before, my neighbors always liked the chickens and would come out to look at them when they were outside.
     
  8. jolenesdad

    jolenesdad Songster

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    There will be an explicit written rule for what happens to dissolve the HOA in the covenants.

    I know it’s hard but each situation is different and what applied somewhere else may not apply to you. You’ve got to get a copy of those covenants.

    I had to leave my dream property because of an hoA. That particular one required a 100% vote by members to dissolve the HOA which is near impossible.

    It also will have information on time periods of inactivity and if that dissolved the covenants. It will all be written out.
     
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  9. townchicks

    townchicks Crowing

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    You are in a tough spot. Of course you need to talk to a lawyer to find out what your rights might be. Finding out if the HOA has truly been dissolved is crucial. I'd talk to your chicken owning neighbors, and see if they are willing to join you in the quest to get the rules changed. However, you have to prepare yourself, that even if the rules get changed to allow chickens, most often a no roosters rule is the compromise that has to be made. Start making a contingency plan for your birds in case you do need to re home them. Good luck.
     
  10. NoFlyBackFarm

    NoFlyBackFarm Crowing

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    @townchicks is correct, your neighbor sounds awful. Good luck dealing with him.
     

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