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Neighborhood association? A long rant...

Discussion in 'Random Ramblings' started by thndrdancr, Aug 22, 2008.

  1. thndrdancr

    thndrdancr Songster

    Mar 30, 2007
    Belleville, Kansas
    Well, animal control has been on my case more than they really should lately, because someone wrote the mayor saying I was devaluing the neighborhood and couldnt something be done.

    When the first guy came out, he was nice and said I was within my legal rights, but I did have 2 baby turkeys too many (I had someone lined up to take them that weekend anyhow). He asked about if we had a HOA, I told him "No, I wouldnt have chickens if we had one!" Said the only way anyone could do anything is if there was an association.

    He told me that the mayor had gotten an email and frankly, he would have thrown the darned email away if he had known I applied for a permit, but it had gotten lost on someone's desk for three weeks. Unfortunately, he was not the one that did "inspections", the next guy did that.

    The inspection guy didnt contact me for another month, and what a jerk. On a power trip. A month goes by, then he calls me one evening and wants to come immediately! I set it up for next day, cancelling a couple of appointments I had, then he no shows!

    Shows up the next day unannounced. He really gave me the business about the babies not having "shelter". I told him they sleep in the house at night or if it rains I bring them in. He asked what was I gonna do for the night with them, etc. I am thinking "DUH, I TOLD you they sleep in the house" but didnt wanna get nasty. Said " Since I had enuff room, couldnt I throw them all in together with the big chickens?" I told him I have a top, thats not good enuff? "Nope, he tells me it has to have SIDES to it (even tho I DO bring them in at night, or if its chilly or its cold, sheesh).

    You all know how to integrate chickens and its NOT by throwing them all in together. The babies are six weeks old and are terrified of Lily and Red both. THey would have a heart attack!

    So since I cant "throw them all in together" then I have to get rid of some, he gave me til MOnday. He did NOT check to see if they had water, food, anything like that. No measurements were taken but I gave him the measurements.

    Now...to my questions...I never figured out who wrote the mayor, my neighbors real close are pretty decent.

    Today, a kid brings by a piece of paper saying SOMEONE is starting a neighborhood association. Already have board of directors, president, etc. I am 100% sure this is in an attempt to "do something" about my chickens in the front yard. I have lived here since 1984, and there has been NO association in all that time. I of course dont want any part of one. Wouldnt even buy a house in a neighborhood that HAD one.

    Just wondered if a person is grandfathered in, etc when someone "starts" one up. I have never heard of such a thing in my life. My sis lived in one and it really put me off, no clotheslines allowed, no campers or rv's in the driveway, no basketball hoops in the drive, and on and on. So I am irked!

    So does anyone have experience in this area? Just wondering how things might go...

    Oh and apparently I am HIGH PRIORITY becuz the mayor is on someones rear..other folks have applied for permits back in January and they havent been "inspected" yet. Gee put me on the back burner, please....
    Last edited: Aug 22, 2008

  2. miss_thenorth

    miss_thenorth Songster

    Dec 28, 2007
    SW Ont, Canada
    Geez..... sorry and good luck. go to the committe meeting and find out who the busybody is. if it gets bad enough, take it to the local paper. Other than that, i got nothing.
  3. Nuggetsowner:)

    Nuggetsowner:) Songster

    Aug 2, 2007
    So sorry things aren't going well right now. I would think that you and your animals would be grandfathered if an association is formed. I don't know for sure though. Good luck! I hope all turns out OK!
  4. arlee453

    arlee453 Songster

    Aug 13, 2007
    near Charlotte NC
    My understanding is that for anything a HOA does (rules, etc) to be legally binding, you have to have said HOA as part of your DEED (as in convenances/restrictions) to your home. Your neighbors just can't unilaterally decide to create some organization and force you to be part of it in ANY way. The only exception I can think of is that if there is a rider on your deed, but the HOA has been defunct for a long period of time, there may be some precedent there to re-start up a HOA. Still, the covenances and restrictions would have to be on your original deed - they can't just create one out of the blue because they want to and have any legally binding power at all unless you decide to join up and sign some contract or something.

    Housing developments with HOAs have a rider on the deed so that you know when you buy the home that you have a HOA to answer to. It is on your deed that you have to pay dues, belong to the HOA, abide by the rules etc. You are legally bound to the HOA if you have such a rider on your deed.

    If there is not HOA rider on your deed, they can organize all they want, but they can't pass or in any way enforce legally binding ordinances on YOU. They only way they can do that is to lobby the local/city/county council or law making body to change the LAWS or municipality zoning regulations. Sounds like someone just has too much hot air and self-importance to me...

    Last edited: Aug 22, 2008
  5. DrakeMaiden

    DrakeMaiden Overrun with Drakes

    Jun 8, 2007
    Kitsap County, WA
    Yep. Don't sign anything.
  6. The Chicken Lady

    The Chicken Lady Moderator Staff Member

    Apr 21, 2008
    West Michigan
    Sounds like it's time to examine the deed to your home just so you know what your rights are. Then go around the neighborhood with a wagon, a cooler, and your fresh, organic eggs and sell them for cheaper than at the store. ^_~
  7. BettyR

    BettyR Songster

    Mar 1, 2008
    Texas Gulf Coast
    I’m so sorry that has happened to you...why does it seem so hard for some people to just mind their own business.

  8. cthrash1

    cthrash1 Songster

    Apr 15, 2008
    Somerset, KY
    I'm so sorry you have to go through all this just because someone has nothing better to do than pick on you. Those kind of folks don't stop at one person either, after they're done with you they'll find fault in someone else. So n so's dog got too close to the fence, is barking at a bird, etc... We had some neighbor once accused our cat of using his flower bed as a litter box, well I was happy to point out to him that it was a stray tomcat that I caught over there. And I knew where mine went and it wasn't his flower bed, my potted plants didn't have a chance...About a week later my cat mysteriously disappeared(not by us)...hmmm.
  9. SpottedCrow

    SpottedCrow Flock Goddess

    That just stinks Jill...I wouldn't think that a HOA would be binding unless it's part of the covenants...and the inspector did a half arsed job...
  10. MagsC

    MagsC Queen Of Clueless

    Jul 27, 2008
    Well, I am thinking they would have to be grandfathered in. When I first moved here they didnt have a legal limit on the number of dogs but several years ago they passed a law of three. I had four at the time and the fourth was grandfathered in but with the understanding when it passed away, I had to keep it at three. I would HOPE that wouldnt mean you couldnt add any more chickens or replace?
    I detest busybodies. If there was a problem, why couldnt they just come to you and discuss things rationally instead of talking behind your back?

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