sample covenant?

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by polbig, Nov 20, 2010.

  1. polbig

    polbig New Egg

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    Nov 20, 2010
    I am new to the forum and after searching for a while I haven't found any sample HOA covenants to allow backyard chickens. Our HOA is fairly low key - most of us believe that the restrictive covenants protect our property values. However, we have the standard "no poultry" clause that seems broad and overly restrictive. I am planning to propose a change to the covenants that allow a few hens on each lot (all lots are 1 acre so there is plenty of space for a handful of chickens). Can anyone point me to a previous thread that has sample language?
     
  2. HorseFeatherz NV

    HorseFeatherz NV Eggink Chickens

    [​IMG]

    I do not hang much in this forum, but will give you a bump in hopes that someone else might be able to answer your question or provide examples.
     
  3. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Jan 4, 2009
    Tempe, Arizona
    I've extracted the pertinent sections,

    DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
    FOR
    XXX
    …
    GUIDING PRINCIPLES
    We value the rural, agricultural feeling of XXX and the diversity of agricultural and equestrian activities that this setting encourages.
    …
    …
    …
    DEFINITIONS
    …
    6. "Common Areas" shall mean Tracts B (the park and recreation areas), C (the corrals in the equestrian area) and D (the equestrian arenas and surrounding areas) as described in the subdivision plat of XXX, including but not limited to all landscaping, drainage and bridle path easements, private access ways, common irrigation facilities, ditches, pipelines, buildings, equipment, perimeter wall or fence structures, entrance signs, roadways, and other areas, buildings or structures constructed on or within any of said Tracts or easements.
    …
    PROVISIONS
    …
    1. Lots I through 151, inclusive, of XXX shall be single family residential lots, and there may be erected on any one Lot not more than one single family residence (which may include guest quarters) plus such accessory and auxiliary garages, barns, animal shelters, storage sheds and tack rooms, as are incidental to the single family residential use, and do not include any activity commonly conducted as a business.
    …
    3. XXX is and shall remain a multi purpose agricultural subdivision intended for the use and enjoyment of horsemen, including the non commercial breeding and raising of horses.

    (a) In addition to horses, livestock, including cattle, sheep and goats, may be kept in accordance with Tempe Code restrictions. The number of such animals permitted is calculated based on the acreage of the property. For purposes of calculation, such animals are considered livestock units, where one (1) unit consists of one (1) mature horse, cow or similar animal, or two (2) sheep, goats or similar animals. The following table lists the number of livestock units allowable by acreage:
    Lot Size Max #
    Acres Livestock Units
    0.75 2
    1.00 4
    1.25 5
    1.50 7
    1.75 9
    2.00 11

    (b) All animals, including dogs, must be kept within a fenced area, caged or otherwise controlled.

    (c) Except, however, that owners of Lots I through 64 inclusive shall not have any horses or large animal privileges except in the area identified under sub paragraph "c" of Article 15. Owners of Lots I through 64 inclusive may, however, graze or keep animals temporarily on their lots during the daytime only. No grazing of livestock will be permitted in front of the principal residence building on any Lot within XXX.

    (d) At no time will swine be allowed.
    2. …
    3. No guest house, garage, barn, stable or similar building or structure shall be erected on any Lot until construction of the primary single family residence (complying with these restrictions) shall have been commenced on said Lot, and no guest house, garage or barn shall be maintained or occupied until construction on said single family residence is finalized and ready for occupancy according to approval of the Architectural Support Committee.

    4. No garage, barn, stable, tack room, trailer, guest house, mobile home, motor vehicle, or any temporary structure or building of any nature may be used temporarily or permanently as a residence on any Lot or tract. ….

    5. A fence designed or used for the containment of horses or other livestock may be built and maintained up to and conterminous with the front property line of any lot, providing that the location, design and type of materials for such fence have been approved by the Architectural Support Committee (Article 9 below). All fences, corrals, etc. used for the shelter or containment of animals shall be of steel material with posts of not less than 2" outside diameter placed in concrete. Block walls and alternative fence materials designed specifically for the containment of horses and other large animals will be permissible subject to approval of the Architectural Support Committee. No wooden posts or fencing of any kind, and no barbed or strand wire may be used. All fences must allow the free flow of surface water as specified in Article 16 below.​
     
  4. Dinochick

    Dinochick New Egg

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    Aug 18, 2012

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