I believe this is incorrect. Cities make their laws, but HOA regulations are treated as contract law. Your act of moving into a HOA controlled housing development is your acceptance of their contract terms. So cities wouldn't care if you had a house painted purple, but your HOA likely can and will impose their beliefs on your housing color.
To put it another way, the city may say you can have UP TO a certain number of chickens. The city is NOT saying you MUST have a certain number of chickens. The HOA can restrict chickens because the HOA was legally established to impose neighborhood rules above and beyond what the city would. So the city can say you MAY have chickens, but the HOA CAN say no. The city will not help you have chickens, they won't overrule the HOA on something like chickens. There's no benefit to the city to require a HOA to allow chickens.
Something like a HOA rule banning minorities wouldn't be enforceable because it violates state and federal laws establishing non-discrimination for race, etc.
Unless you could get the city, county or state to pass a non-discrimination law protecting chicken keeping then the HOA's rules will be enforceable.
I'd say the best thing is to see if your HOA does or doesn't restrict chickens yet at all. If there are no rules then the city's rules should apply. Even if there are HOA rules, they can be changed. If they were established in the past and the current HOA board members are friendly to the idea they have the power to recind or amend that rule on chickens.
The general overall problem with HOAs is that most eligible Americans don't vote during government primary or General elections. Even fewer know or care if/when the HOA has an election. There tend to be 5-10% of residents in a HOA who'll band together to elect a group who may be like the "food nazi" and say "no soup for you!". Ultimately they do have to stand for election, so get to know the current board. Showing up for meetings regularly is a very good way to get to know them and them you. If they're all unworthy, then get to know the rest of your neighbors and make sure to get a new 6-11% of the neighborhood to replace the current HOA board with you and your allies. I'd suggest engaging the board sooner rather than later. Starting from the position of "rule breaker" is harder than someone who can explain the interest and desire to pursue the many benefits of backyard chicken keeping. If you can find a neighbor or two who are either interested in or definitely want to keep chickens to approach the board with you that's a lot better too. Just as in government politics, a single voice is easy to ignore while many voices cannot be ignored (or are ignored at the peril of the elected).
Last edited:
Look for the fine print in your HOA rule book. Maybe there is a loop-hole.
. We are now trying to figure out how to make this work. We want them as pets so we are in it for long haul. We are planning to talk to our two closest neighbors to feel them out but wanted to get advice. Should we just start conversation with HOA or wait to get reported? Oh geez..what have we done?! FYI: their grams and gramps live in Austin, where it's weird enough to have pet chickens so it's allowed, if not outright encouraged.
