Selective enforcement

[Gmr1089]

My HOA is saying I can't keep my chickens. We are in an unincorporated area where chickens are allowed but HOA says no. I am angry because I have an email from them confirming that there are areas in the neighborhood where chickens are allowed. The entire neighborhood is the same so there's nothing setting any house apart from another. In fact my lot is one of the larger lots. I requested special permission since others have chickens that are allowed for some reason and they said no citing that rules must be enforced. I read through the minutes of all of their meetings online and found that there seems to have been an exception made for someone having 3 dogs and wanting more. The covenants state that only two pets are allowed. It seems that dogs can get exceptions because the HOA sees them as pets. I am waiting to hear back from a lawyer, but does this sound like selective enforcement? I am VERY frustrated at this point. After reading the covenants I am seeing obvious infractions everywhere but my chickens are the focus. What gives?

 

[U_Stormcrow]

NOT Legal Advice.

NOPE.

Selective Enforcement is a reality, and only very rarely a defense. Moreover, the law of most places views chicken, poultry, and other livestock as not like in kind to traditional pets like dogs, cats, and fish. You would have a better claim - though still tenuous - if you could demonstrate that others with chickens, also lacking the permission of the HOA, were not being cited - or that exceptions for chickens had been recently given to certain HOA members part of a select or specially connected group in some fashion.

Recommend you go back through the HOA stuff and figure out why some are allowed chickens, and you are not. Is it a geographically bounded area of the HOA? Property (or properties) which held chickens prior to the HOA coming into existence? Some other reason?

The sad reality of living in an HOA is that you give your neighbors the right to control your use of your own property. It rarely ends well.

NOT Legal Advice.

 

[Gmr1089]

Thank you for your response. The covenants state that no chickens, rabbits, birds, etc (nothing other than dog or cat) are allowed in the entire subdivision. An email from a board member stated that some streets and houses have exceptions. Everything was built around the same time and there are no agricultural zoning laws for the area. Our county actually allows chickens. From what I understand, the animal rules need to be enforced for everyone and that exceptions without clear reason define this as selective. The HOA is barely active and it's obvious looking around the neighborhood. I have contacted a lawyer about this so I will share the results here when I get my response. It just seems really strange that Brenda can have 3 dogs and request more (already in violation of the covenants) and they are saying no to the chickens. Everything is so inconsistent here and I'm hoping that gives me a leg to stand on. This is *not* a nice or hoity toy neighborhood and it is so obvious that the HOA doesn't enforce most things. It's just weird. There's someone a few streets over who got permission to have 6 hens and jammed 30 birds into her yard. Her lot is smaller than mine and my birds are cleaner and obviously quieter. I don't know I'm so steamed at this. I hate it when rules arent the same for everyone.

 

[U_Stormcrow]

I don't know I'm so steamed at this. I hate it when rules arent the same for everyone.

Seems a good reason to me.

If your HOA is largely inactive, have you considered running for a Board position on it? It sounds vulnerable to take over by a motivated individual (or individuals).

Also, you didn't mention where you are, and if they are keeping minutes, you likely won't have this avenue available to you - but the nuclear option is to try to have the HOA dissolved.

If they aren't citing the lady with 30 in her front yard who received an exception allowing 6, your claim has become a little more attractive, but its still not (in my view, based on the limited info available) a strong one - particularly if their enforcement mechanisms are triggered by neighborly complaints, as many HOAs are (it helps protect them from selective enforcement claims).

 

[Gmr1089]

Seems a good reason to me.

If your HOA is largely inactive, have you considered running for a Board position on it? It sounds vulnerable to take over by a motivated individual (or individuals).

Also, you didn't mention where you are, and if they are keeping minutes, you likely won't have this avenue available to you - but the nuclear option is to try to have the HOA dissolved.

If they aren't citing the lady with 30 in her front yard who received an exception allowing 6, your claim has become a little more attractive, but its still not (in my view, based on the limited info available) a strong one - particularly if their enforcement mechanisms are triggered by neighborly complaints, as many HOAs are (it helps protect them from selective enforcement claims).

Ok so basically (legalities aside) as long as no one complains I should be good? I made the mistake of asking because I assumed the other chicken owners had permission (one said she did). And they said no they never make exceptions to any rules. The sign war done the road begs to differ since signs are strictly prohibited and it's a sign war between Democrats and republicans lol ok I'll just leave my chickens at my parents for a bit before quietly putting them in the yard. My neighbors won't care based off of all of their violations. I shouldn't have even asked. I spoke with other chicken owners and they said they didnt even know the HOA was still active

 

[U_Stormcrow]

Ok so basically (legalities aside) as long as no one complains I should be good? I made the mistake of asking because I assumed the other chicken owners had permission (one said she did). And they said no they never make exceptions to any rules. The sign war done the road begs to differ since signs are strictly prohibited and it's a sign war between Democrats and republicans lol ok I'll just leave my chickens at my parents for a bit before quietly putting them in the yard. My neighbors won't care based off of all of their violations. I shouldn't have even asked. I spoke with other chicken owners and they said they didnt even know the HOA was still active

Political signs get special exceptions which HOA rules often can't override. Politicians got to protect their re-election chances and all.

And no, "if no one complains, you aren't good". You just aren't being cited. Not quite the same thing.

Sounds like you care about your neighborhood, and should run for an HOA position, next election. I doubt very many people vote, your chances of winning are likely quite good.

 

[Gmr1089]

Political signs get special exceptions which HOA rules often can't override. Politicians got to protect their re-election chances and all.

And no, "if no one complains, you aren't good". You just aren't being cited. Not quite the same thing.

Sounds like you care about your neighborhood, and should run for an HOA position, next election. I doubt very many people vote, your chances of winning are likely quite good.

Oh, the political signs aren't for people unfortunately. It's a battle of ideals via signs. I think I will do join the board. The website says that there are several board positions open and to just send an email to join. I think I'll have to do that

 

[U_Stormcrow]

If you have fellow chicken owners of like mind, perhaps they should be encouraged to send in their emails, too???

I sense an HOA rules change in your future.

 

[Gmr1089]

If you have fellow chicken owners of like mind, perhaps they should be encouraged to send in their emails, too???

I sense an HOA rules change in your future.

I'm not usually one to join a HOA or cause a stink, but my chickens arent going anywhere if other people arbitrarily have chickens for no known reasons lol I think you're right. I'll start by going to every meeting and if I must I will join the board. I think a petition might help as well