Neighbor threatening court over our roo

[Trish1974]

In my particular situation, dissolution of the HOA would have meant dissolution of the covenants.

My office building is located in a "professional park" that has an association with covenants. I am the VP and secretary of the association. SUPER LONG story short, the president and I decided early this year to do away with the association due to a non-paying tenant, who was almost $9,000 behind on association dues. We met with the lawyer, and yes, dissolving the association made the covenants null and void. Unfortunately we were not able to do so. Turns out it would have cost a total of $45,000 to separate everyone's water utility. The association didn't have the funds, and none of us wanted to pay out of pocket for spite.

Please let us know what you find out. I'd be surprised if you would have to follow covenants with a non-existent association.

 

[PirateGirl]

As others have mentioned, seek legal advice. However, covenants and HOAs are not one in the same. You can have a covenant controlled community without an HOA and there can be different rules/regs/zoning restrictions for an PUD. One can exist without the other. Do your homework. Best of luck. I hope things work out in your favor.

 

[KDrake]

So.....
I contacted out county planning and zoning commission. According to the woman I spoke to, she just needs a letter from the HOA saying that they are no longer active and therefore the covenants are void. She knows they've been inactive for over a year, she just needs something in writing.
I contacted a lawyer just to be sure that this guy won't be able to still sue with the covenants being voided.
I hope this works!!!!

 

[SueT]

 

[aart]

So.....
I contacted out county planning and zoning commission. According to the woman I spoke to, she just needs a letter from the HOA saying that they are no longer active and therefore the covenants are void. She knows they've been inactive for over a year, she just needs something in writing.
I contacted a lawyer just to be sure that this guy won't be able to still sue with the covenants being voided.
I hope this works!!!!

That's good....I supposed you apprised these people of the 'threats' you received from their new(er) landowner?

 

[MissChick@dee]

If it’s against the law it’s against the law. Just because others break the law doesn’t mean it’s okay for you too. Unfortunately legally you wouldn’t stand a chance lawyer or no lawyer.
Many incorporated cities allow hens but not Roosters. Some people keep chickens where they are not supposed to. They keep hens because Rooster’s clearly draw attention. Hens too make noise but nothing in comparison to a rooster’s crow. It’s like living in an apartment complex that doesn’t allow dogs and you sneak in a dog eventually you get found out. So the choice is get rid of the dog or move. Better yet don’t get the dog to begin with. Sorry for the circumstances. Good luck.

 

[Izzychicky]

I had a neighbor who complained to the town about our rooster which we were giving away anyway (supposed to be a hen), he didnt even tell us and complained about the coop aswell. We had to go to the town board and have them give us a permit for the coop and the one complaint caused a lot of trouble, i would be careful about what you do.

I would get a no crow collar. They work wonderfully. At this point I would play nice with Mr Grumpy. Let him know that you are going this route but it may take about a month to get the collar adjusted and working properly. The bribing of eggs along with this would be a plan. Good Luck.

I tried a no crow collar, and it only annoyed my roo, if it comes down to that i would bring the rooster somewhere where he could crow like he was meant to

 

[KDrake]

I spoke to a lawyer this morning and he thinks we would win if it got to that point.
He said since there is a long history of not enforcing any covenants and that the HOA was administratively dissolved by the state, a judge would throw it out. He said if a client came to him that was in our neighbors position, he would tell him he would probably lose.
In the meantime, we have a meeting with the president of the HOA (when there was one) this week, to see about getting some covenants removed and/or amended.

 

[The Moonshiner]

Lol
Lawyers always "think you would win" if the conversation takes place before you have given them any fees.

 

[KDrake]

Lol
Lawyers always "think you would win" if the conversation takes place before you have given them any fees.

He was very upfront with me about pricing and suggested we get the covenants amended ourselves instead of him doing it to save us some money, but would gladly take our case if it got to that point.
But thank you for your input!