Neighborhood association is anti-chicken; neighbors are pro-chicken

[NeeleysAVLChicks]

, we're happy to have you!

I don't have much info to offer (except moral support!!) but you might try researching cities that have recently amended the ordinances to allow chickens (Asheville, NC for example), if only to pull verbiage to support your arguments.

There are loads of folks on here that have been in your exact position and can offer accounts of what worked for them. These same folks are also very helpful proofreading and providing additional points of argument that can help swing the HOA folks in your favor.

GOOD LUCK!!!

 

[natrgatr]

If you can provide proof they are enforcing some rules and not others, or are selectively enforcing rules, you will have good ammo for nullifying the HOA rules because of inconsistent enforcement, or preferential treatment. Your lawyer would be able to clarify that.

 

[Sonoran Silkies]

Not enforcing a rule may get THAT rule tossed as unenforceable (would have to get a court ruling), but it would not negate ALL rules, only the one not being enforced. If they are enforcing NO rules, then you might get them all tossed, but since they are attempting to enforce a no chickens rule against the OP, it does seem like they are enforcing at least some of the covenants.

Now if they were selectively enforcing a rule against some neighbors, but not others, that too would be grounds for getting the covenant tossed. This can be trickier, as some HOAs (along with some cities) do not go out looking for those who break a covenant, but rather investigate when a complaint is lodged. So they might enforce against all complaints received against chickens, but not against people who have chickens that no one has complained about, which presumably they do not know about. Simple and straight forward in a large HOA if you are trying to remain inconspicuous. In a small one where you have your birds in an obvious and very visible location it could be stickier, as theoretically the board members should not be able to NOT know.

 

[GammaPoppyLilyFlutter]

Tell them that these chickens are your pets, and that they actually ARE classified as birds. That's a valid loophole. You may also point out that they give healthy eggs and are less dangerous that dogs.

 

[Ariel301]

Quote:
And (minus the rooster) quieter than parrots.

I wouldn't bother with them being a good source of healthy eggs...that makes them "farm animals" in the minds of those that make the rules. I got in trouble with an HOA over a potted tomato plant on my front porch, it was not on the list of acceptable landscaping plants, and they didn't care a bit that it gave me healthy food, it belonged on a farm, not my front porch. The kinds of people that make these sorts of rules are not into self-sufficiency or raising quality food at home, their food comes in tidy little grocery store packages and they don't want to think about the "dirty" farms behind it.

 

[Pequena Bandada]

DCMiesem - what neighborhood are you in, in Albuquerque? I live in Santa Fe, but have many friends with chickens in Albuquerque. I'd be happy to ask around and see what other Albuquerque chicken owners have to say that might help you...

 

[poltroon]

In my opinion, and I Am Not A Lawyer, unless the HOA explicitly prohibits chickens, when they say "pet birds" are allowed, chickens are birds, and you keep them as pets.

End of story.

I don't know if you've ever lived near anyone who has parrots or similar birds, but they're way noisier than chickens and way more obtrusive to the neighbors.

1. Chickens are birds.

2. Here are my pets, their names are ...

No need to go any further than that.

If they get into anything about noise, or poop, or anything else along those lines, compare them to dogs. Poop less than dogs. Hens are quieter than dogs.

 

[PineappleMama]

Chicken = DOMESTIC bird.

Parrot = DOMESTIC bird.

If they allow parrots (a heck of a lot closer to their original non-domestic gene pool) then they outta allow chickens.

BYC is at what... 60,000 members? And that does NOT include all chicken owners, just the ones lucky enough to have found this site.

Maybe try starting a topic over in Where Am I Where Are You and ask other folks close to you to speak up?

 

[BradyMo]

I live outside of town on 1.25 acre lots. My neighbor has chickens (and bees!) and I'm fine with it. I actually like it. What I'm struggling with is the dang rooster. At first it was kind of quaint, but after another Sunday morning 6am wake up call (and 2am and 4am), I'm not finding it so quaint. Is there any way to keep roosters quiet?? I don't want to be a cranky neighbor but a noisy rooster in relatively close confines pushes the boundaries of being a good neighbor.

 

[DCMiesem]

HOLY! COW!!!! What fantastic and supportive responses!!!

Here's the skinny, to date.

1) I have a lawyer. I love her personally, but her attempt to write a helpful letter to the HOA was a disaster. I've since become connected with a lawyer with a much better reputation, and will call on him as needed.

2) The HOA doesn't like my neighbor because she is vocal about the crap they're doing wrong. On the day I got my violation notice about my chickens, three other people on my very small block got notices for their violations. Mr. P (I know who he is) went looking for violations, camera in hand. We are pretty sure we were targeted because of my vocal neighbor. I went door to door asking about my chickens, and nobody is complaining. I'm 93% certain that they went looking for violations. In fact, in the notice they sent, they said that "it had been noticed in August and September that you have chickens." I got the notice in October. Um.... what made it suddenly something I could be fined for, two months after they noticed I have chickens?

3) YES, the president of the HOA commits the same violation day after day, as does Mr. P whose garage door color is in violation of the CC&R. Mr. N, on the violations committee, has stated that those folks will not be fined for their violations. THEY PICK AND CHOOSE. My vocal neighbor now takes pictures of their violations daily.

4) I sent my HOA a long, thoughtful, positive email regarding the benefits of chicken ownership for my family, my yard, and our community (neighborhood kids come interact with my chickens daily, and go searching for eggs). I also commented that I'd spoken to my neighbors about the chickens and that they are all okay with my chickens and want me to keep them (this is the truth). I also commented that there is not community support for the fines they're leveling at me, and that their actions are damaging to my family and our neighborhood, especially since many violations are going unpunished. I have community support and people are frustrated with them.... so please don't push this any further (this is a paraphrase... I put it much more nicely in the email). I sent this email because I wanted them to be considering public opinion before....

5)....the local news is going to carry my story!!!!!!!! We have an appointment on Thursday at 11. They're filming here!!!!!!!! I have an advocate for green practices willing to appear (he has sued his own HOA for water conservation issues and the right to install solar panels). My vocal neighbor- who knows the neighborhood very well and can cite all the violations in the last week that went unpunished amongst the HOA board- is also very willing to appear, and very supportive of my chickens!! OMGOMGOMGOMG!!!! If there ends up being a link to the video available, I'll post it here.

6) And as if that isn't big enough, a great big huge"OMG YOU'RE FRIKKIN' KIDDING ME" national news agency found out about this via an old high school friend of mine on facebook. They're interested in taking the story!!!!!!! CAN YOU BELIEVE IT??????? The friend is a director at a massive news agency in Atlanta. She is covering the elections now, will next do 4 other pre-scheduled stories, then is going to pitch my story in about two weeks.... and if we're a go, I'll post an update here.

7) There is significant interest in dissolving the HOA. I don't know yet if we have the numbers to do it.... but there are many very encouraging signs. If the email and media attention don't sway my HOA, then we're going to look into making a real effort to get rid of the HOA. Well... even if they allow my chickens, I still think we need to dissolve it. There are many more reasons than the ones I've mentioned here, but basically, they're not doing what they're supposed to be doing. If we don't have enough numbers to dissolve the HOA, then I will take them to court and win. I hope! I'm already neck deep in other volunteer and advocacy work, so I don't think I could donate the time to be on the board. I know we could stage a coup (a coop coup), but with all the other things I'm doing, I just don't have the energy.

Thank you again and again for all the support. The comments about chicken food being available at WalMart and Petco are VERY helpful.... Albuquerque does classify chickens as "barnyard animals," but also allows up to 15 per residence in R1 zones, including one rooster. I live in the far NE heights, for whoever was asking. La Cueva area, but on the south side of Paseo.